Cole v. Colby
Supreme Court of New Hampshire
From Coos Circuit Court. Bill in Equity,’by Stephen A. Cole against James D. Colby, EL T. Blakeslee, Emily S. Blakeslee, Frank P. Brown, Jacob Benton, The Savings Bank of the County of Coos, and Lewis Barter, substantially as follows: On August 7, 1874, James D. Colby and IE.
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From Coos Circuit Court. Bill in Equity,’by Stephen A. Cole against James D. Colby, EL T. Blakeslee, Emily S. Blakeslee, Frank P. Brown, Jacob Benton, The Savings Bank of the County of Coos, and Lewis Barter, substantially as follows: On August 7, 1874, James D. Colby and IE. T. Blakeslee were the owners of a certain tract of land in Lancaster, situated on Railroad street, subject to a mortgage to the savings bank to secure the payment of the note of said Colby and Blakeslee to said bank, of even date with the mortgage, for one thousand dollars and interest annually. Said mortgage was given…
1Opinion of the Court
FROM COOS CIRCUIT COURT. The demurrers admit all the facts which are well pleaded, and there is no suggestion on the part of the defendants that there are any facts stated which are not well pleaded. I should infer that the statement, that all the conveyances held by the different defendants are subject to the plaintiff's lien, is intended to be a statement of a conclusion of law. If so, it would not be admitted by the demurrer; and I do not see how the mortgage of the savings bank, which preceded the plaintiff's contract, under which he claims his lien, can be subject to it. Cheshire Inst.…
2Cases cited1 opinion
- Cheshire Provident Institution v. StoneSupreme Court of New Hampshire · 1872
3Cited by1 opinion
- Kendall v. PickardSupreme Court of New Hampshire · 1893