Bailey v. Metcalf
Superior Court of New Hampshire
This was a writ of entry) brought to recover a tract oi land in Surry, and was tried here, upon the general issue, at October term, 1832, and a verdict taken for the demandants subject to the opinion of the court upon the following case. It was agreed, that one Elijah Fuller was once the owner of the premises.
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This was a writ of entry) brought to recover a tract oi land in Surry, and was tried here, upon the general issue, at October term, 1832, and a verdict taken for the demandants subject to the opinion of the court upon the following case. It was agreed, that one Elijah Fuller was once the owner of the premises. Jt appeared, by evidence introduced by the demandants, that Fuller, by deed, on 12th May,, 1820, conveyed the premises to Jonathan Harvey, who, on the 3d February, 1824, by deed, conveyed the same to Ebenezer Bailey.. It further appeared, that Bailey had deceased, and that the…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.*
In Lord Cokes’ time it seems to have been well settled that, by a tender of the money secured by a mortgage, the land was forever discharged. And it was formerly supposed, in this state, that the law remained here unchanged in this respect, so that a writ of entry might be maintained, where the tender had been refused, in favor of the mortgagor, to recover the land, without bringing the money tendered into court. Such was the impression of the court when Sweet v. Horn, 1 N. H. Rep. 332, was decided. But in that case the money tendered…
2Cases cited1 opinion
- Swett v. HornSuperior Court of New Hampshire · 1818
3Cited by2 opinions
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Buffum v. BuffumSuperior Court of New Hampshire · 1841