Towle v. Rowe
Supreme Court of New Hampshire
Writ op Entry, to foreclose a mortgage. Plea nul disseizin, and a brief statement that the debt was paid, and if not paid, that the title was in the plaintiff’s assignee in bankruptcy. The mortgage and note were given by the defendant’s intestate to the plaintiff, May 13, 1861. The note and mortgage were pledged to secure a debt due from the plaintiff in 1874, and the plaintiff was adjudged a bankrupt February 22, 1875. The note was not in his schedule of assets.
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Writ op Entry, to foreclose a mortgage. Plea nul disseizin, and a brief statement that the debt was paid, and if not paid, that the title was in the plaintiff’s assignee in bankruptcy. The mortgage and note were given by the defendant’s intestate to the plaintiff, May 13, 1861. The note and mortgage were pledged to secure a debt due from the plaintiff in 1874, and the plaintiff was adjudged a bankrupt February 22, 1875. The note was not in his schedule of assets. The jury found that the note and mortgage were not pledged in fraud of the plaintiff’s creditors, and that the plaintiff had not…
1Opinion of the CourtAllen, J.
Possession of the note and mortgage by the plaintiff was prima facie evidence of his right to recover. Drew v. Phelps, 18 N. H. 572. But the possession might be explained by evidence showing the right in another. Southwick v. Ely, 15 N. H. 541. To enable the plaintiff to maintain his suit, he must own, or have a substantial interest in, the subject-matter of the suit. Phelps v. Mahurin, 6 N. H. 536. The plaintiff’s interest in the note and mortgage, if any, was a right to redeem them from the pledgee by paying the debt. By reason of the plaintiff’s bankruptcy, all his property and estate not…
2Cited by5 opinions
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Platts v. AuclairSupreme Court of New Hampshire · 1919
- Ramsey v. FellowsSupreme Court of New Hampshire · 1879
- Houghton v. OwenSupreme Court of New Hampshire · 1880
- Lane v. MooreSupreme Court of New Hampshire · 1879