Bassett v. Bassett
Superior Court of New Hampshire
Writ of entry, to recover a tract of land in Richmond, upon a general declaration of a seizin in fee and in mortgage. Plea, nul disseizin.
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Writ of entry, to recover a tract of land in Richmond, upon a general declaration of a seizin in fee and in mortgage. Plea, nul disseizin. The plaintiff offered in evidence a deed executed by William Bassett, one of the defendants, March 31, 1831, which was duly acknowledged and recorded April 8, 1831, conveying the land to Anna Bassett, the plaintiff, with a condition as follows — “Provided, nevertheless, that if the said William Bassett, his heirs, executors or administrators, shall well and truly pay the said Anna Bassett, her heirs, executors, and administrators or assigns, or comply with…
1Opinion of the CourtParker, C. J.
The statute of July 3, 1829, “prescribing the time and mode of redeeming real estate mortgaged,” &c., contains a proviso, that no title or estate in fee simple, &c., shall be defeated or incumbered by any agreement whatever, unless such agreement, or writing of defeasance, shall be inserted in the condition of such conveyance, and become part thereof, stating the sum or sums of money to be secured, or other thing or things to be performed. N. H. Laws 488. Upon this clause of the statute it has been objected, that the deed upon which the plaintiff' relies is not a mortgage ; and that it should…
2Cited by2 opinions
- Benton v. SumnerSupreme Court of New Hampshire · 1876
- Benton v. SumnerSupreme Court of New Hampshire · 1876