Gage v. McGregor
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage. Facts found by a referee. June 16,1863, Francis Foster, now deceased, executed a mortgage of 96J square rods of land in Keene to the plaintiff, to secure a note of that date for $550. The land was subject to a prior mortgage to Nathan Putney.
Read the full summary
Bill in Equity, to foreclose a mortgage. Facts found by a referee. June 16,1863, Francis Foster, now deceased, executed a mortgage of 96J square rods of land in Keene to the plaintiff, to secure a note of that date for $550. The land was subject to a prior mortgage to Nathan Putney. March 4, 1873, Foster conveyed by deed of warranty, recorded on tbe same day, not mentioning the existing mortgages, 11 rods of the land to John McGregor for $700 ; and February 26, 1877, through the intervention of a third person for that purpose, the same 11 rods were conveyed by warranty deed to the defendant,…
1Opinion of the CourtSmith, J.
When the plaintiff released her mortgage to Foster upon the 82 square rods, part of the 96 J square rods mortgaged to her, she had no actual knowledge of the conveyances by Foster to McGregor and to Connell. The record of those conveyances was not constructive notice to her (Johnson v. Bell, 58 N. H. 395, Brown v. Simons, 44 N. H. 475, George v. Wood, 9 Allen 80, Wheelwright v. DePeyster, 4 Edw. Ch. 232, Cheesebrough v. Millard, Johns. Ch. 409, Taylor v. Maris, 5 Rawle 51), and she was not put upon inquiry. A mortgagee is not subjected to the constant necessity of investigating transactions…
2Cases cited3 opinions
- Taylor's Executors v. MarisSupreme Court of Pennsylvania · 1835
- Wheelwright v. LoomerNew York Court of Chancery · 1844
- Cheever v. FairCalifornia Supreme Court · 1855
3Cited by1 opinion
- Staniels v. WhitcherSupreme Court of New Hampshire · 1905