Burnham v. Ayer
Supreme Court of New Hampshire
Weit or Ehtry on a mortgage. Plea, the general issue. The plaintiff offered in evidence the mortgage deed declared upon, which contained two pieces of land lying in Plaistow.
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Weit or Ehtry on a mortgage. Plea, the general issue. The plaintiff offered in evidence the mortgage deed declared upon, which contained two pieces of land lying in Plaistow. The first was described as follows : “ Beginning at the road, and running westerly by land of John Bradley, one hundred and twenty rods; thence south-westerly, sixty rods, by Moses Currier’s land; thence south-easterly, about fifty rods, by said Currier’s land; thence easterly, one hundred and thirteen rods, by land of David Gile and Sarah Green; thence northerly, by the road leading from Haverhill to Exeter, to the…
1Opinion of the CourtFowler, J.
Although a different rule prevails in other jurisdictions, it has been holden, and may be regarded as settled in this State, that in the absence of evidence or circumstances from which an inference can legitimately be drawn as to the time when it was actually made, every alteration of an instrument will be presumed to have been made after its execution. 1 Greenleaf’s Evidence, sec. 564; Hill v. Barnes, 11 N. H. 895.
A material alteration, without the assent of the party to be affected by it, renders the instrument void as to him. Farmer v. Rand, 2 Shepley 225; Smith v. Crooker, 5 Mass. 538.
An…
2Cases cited7 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Knapp v. MaltbyNew York Supreme Court · 1835
- Steele's Lessee v. SpencerSupreme Court of the United States · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Whitman v. WhitmanSupreme Court of Louisiana · 1944
- Fales v. CurrierSupreme Court of New Hampshire · 1875