Legal Opinion

Bickford v. Daniels

Superior Court of New Hampshire

Decided September 15, 1819PublishedCited by 7 opinions

An administratrix may sustain a writ of entry to foreclose a mortgage to her intes* ‘W hen writings are offered as evidence of a mortgage, the question whether they amount to a mortgage or an absolute conveyance, must be settled on common law principles, A wmitig of defeazance, never delivered to the grantor in a deed, but deposited with a third person tobe delivered on a condition, which the grantor never performed, does not. render the deed a mortgage. special non est…

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An administratrix may sustain a writ of entry to foreclose a mortgage to her intes* ‘W hen writings are offered as evidence of a mortgage, the question whether they amount to a mortgage or an absolute conveyance, must be settled on common law principles, A wmitig of defeazance, never delivered to the grantor in a deed, but deposited with a third person tobe delivered on a condition, which the grantor never performed, does not. render the deed a mortgage. special non est factum is an unnecessary pleaand when the demandant does not count on a mortgage, the question, whether his title is or is…

1Opinion of the Court

Woodbury, J.*

The demandant, counting as administra-trix, cannot recover the land in dispute, unless her title to it is founded on a mortgage to her intestate.(1) 2 Vent. 20,-4 Coke 95.- 2 Es. Di, 144.— i Mass, Rep. 204.— 4 ditto 358. (2) 1 N. H. Laws 2 i 1,217, 219,227,230.-3 Mass. Rep. 258, Dean vs. Dean. (3) 1 N H. Rep. 39, 361. Lund vs. Lund.

Because the -title to the real estate of intestates vests in their heirs and not in their personal representatives; and hence, as a general rule, all actions concerning such estate must be instituted in the name of the heirs.(1)

To this rule the only…

2Cases cited7 opinions

  1. Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
  2. Robbins v. LuceMassachusetts Supreme Judicial Court · 1808
  3. Mounsey v. DrakeNew York Supreme Court · 1813
  4. Dean v. DeanMassachusetts Supreme Judicial Court · 1807
  5. Thompson v. KetchamNew York Supreme Court · 1809

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Southerin v. MendumSuperior Court of New Hampshire · 1831
  2. Gibson v. BaileySuperior Court of New Hampshire · 1838
  3. Briggs v. SholesSuperior Court of New Hampshire · 1843
  4. Moore v. EstySuperior Court of New Hampshire · 1831
  5. Comtois v. MAK Investments, LLC (In Re Comtois)United States Bankruptcy Court, D. New Hampshire · 2007

2 more not listed; retrieve them via the Exa API.

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