Fletcher v. Chamberlin
Supreme Court of New Hampshire
Writ of Entry, brought April 28, 1877, by a devisee of Cephas C. Chamberlin, against John E. Chamberlin, for a tract of land in Lisbon. Facts agreed. February 17, 1855, the defendant and one Morse, being jointly seized of the demanded premises, conveyed the same, by their joint mortgage deed of that date, duly executed, and recorded July 19, 1855, to one Atkinson to secure notes payable by them to him.
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Writ of Entry, brought April 28, 1877, by a devisee of Cephas C. Chamberlin, against John E. Chamberlin, for a tract of land in Lisbon. Facts agreed. February 17, 1855, the defendant and one Morse, being jointly seized of the demanded premises, conveyed the same, by their joint mortgage deed of that date, duly executed, and recorded July 19, 1855, to one Atkinson to secure notes payable by them to him. By another mortgage deed, duly executed, dated May 3, 1855, acknowledged July 17, 1855, and recorded after the registry of the prior mortgage, the defendant and Morse conveyed the premises to…
1Opinion
Of the six cases reserved on the same agreed facts, the only one necessary to be considered is the writ of entry Fletcher v. John E. Chamberlin: and as the defendant does not contend that the law of the case is affected by the fact that Morse was joined with him as a grantor in the mortgages, the defendant may be regarded as sole grantor and sole warrantor. Having first mortgaged the land to Atkinson, he gave a warranty mortgage of the same land to Cephas (the plaintiff's devisor), and assisted in foreclosing this second mortgage by a year's possession under process of law, the defendant…
2Cases cited151 opinions
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3Cited by6 opinions
- Labonte v. LacasseSupreme Court of New Hampshire · 1917
- Lane v. BarronSupreme Court of New Hampshire · 1886
- McKeen v. CookSupreme Court of New Hampshire · 1905
- Ray v. ScriptureSupreme Court of New Hampshire · 1892
- Barker v. JonesSupreme Court of New Hampshire · 1883
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