Bethlehem v. Annis
Supreme Court of New Hampshire
This is a writ of entry, to recover a portion of lot No. 11, in the second range of lots in Littleton, in this county, originally commenced in the court of Common Pleas, and brought to this court by appeal. Piea, nul disseizin. Tbe plaintiff claims under a deed from tbe defendant to one Nathan Goddard, and an assignment thereof by. Goddard.
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This is a writ of entry, to recover a portion of lot No. 11, in the second range of lots in Littleton, in this county, originally commenced in the court of Common Pleas, and brought to this court by appeal. Piea, nul disseizin. Tbe plaintiff claims under a deed from tbe defendant to one Nathan Goddard, and an assignment thereof by. Goddard. Tbe deed was in tbe usual form of a deed of warranty, with a condition that if said Annis, bis heirs. and assigns, “ shall well and sufficiently support the said N. Goddard, and N. Goddard, bis wife, at all times during their natural lives, or tbe natural…
1Opinion of the CourtBell, C. J.
It is not every conveyance of land upon a condition which is in equity regarded as a mortgage. Early definitions of mortgages are found, where no other conditional conveyances are regarded as mortgages, but such as are made for the security of a loan of money. At another date we find the equitable doctrines as to mortgages extended to all cases where the conveyance is a security for any debt; and the most modern notion is to apply the same doctrines to cases generally, where conditional deeds are made as a security for the performance of a contract.
But upon consideration it will be seen that…
2Cited by1 opinion
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