Wilson v. Kimball
Superior Court of New Hampshire
"Writ of Entry, dated October 10, 1851. The following facts were agreed upon by the parties. On the 6th of October, 1843, Charles S. Perkins owned the demanded premises in fee, and on that day mortgaged the same to Jefferson Pockwood and James Leach, to secure to them the payment of $300, to be made in several payments of $60 each, at the expiration of one, two, three, four and five years respectively, with interest annually, and gave his five notes for the same sums, of the…
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"Writ of Entry, dated October 10, 1851. The following facts were agreed upon by the parties. On the 6th of October, 1843, Charles S. Perkins owned the demanded premises in fee, and on that day mortgaged the same to Jefferson Pockwood and James Leach, to secure to them the payment of $300, to be made in several payments of $60 each, at the expiration of one, two, three, four and five years respectively, with interest annually, and gave his five notes for the same sums, of the same date, and payable to Pockwood and Leach, or order, at the several times before specified. This mortgage was duly…
1Opinion of the CourtEastman, J.
The demandant and tenant both claim title to the premises from Charles S. Perkins, who was the owner of the same December 6, 1843. The demandant’s title is that of assignee of the mortgage from' Charles S. Perkins to Jane L. Perkins, dated November 26, 1844; for which he paid a good consideration ; and there is no suggestion that the cdnsideration between the original parties to the mortgage was not also good.
The mortgage was duly signed and acknowledged by Charles S. Perkins, the mortgager, and legally recorded. This was public notice of its existence, not only to purchasers and creditors,…
2Cases cited8 opinions
- Green v. HartNew York Supreme Court · 1806
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
- Runyan v. MersereauNew York Supreme Court · 1814
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Salvage v. HaydockSupreme Court of New Hampshire · 1896