Swett v. Horn
Superior Court of New Hampshire
THIS was a writ of entry, in which the demandant counted upon his own seizin of a lot of land in Haverhill, and upon a disseizin by the tenants.
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THIS was a writ of entry, in which the demandant counted upon his own seizin of a lot of land in Haverhill, and upon a disseizin by the tenants. The cause was tried here at the last term upon the general issue, when it appeared in evidence that Horn, being seized of the demanded premises, on the 3d of September,, 1804, conveyed the same to one David How in mortgage, to secure the payment of a certain sum of money, and that How, on the 9th of September, 1816, duly assigned the mortgage to W. Sf R. Hazleton, the other defendants. But it did not appear that either How or the Hazlelons had ever…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
At common law, when lands were granted upon condition that the conveyance should be void upon the payment oí a certain sum at a particular time by *333the grantor, if he perid the money,, orBsatfte a legal tender of it at the day, he immediately acquired a right of entry, and the land was forever discharged, from the incumbrance(1). Coke, in his commentary upon this section of Littleton, says-that “this is to be understood that he that ought to “ tender the money is of this discharged forever to make “any other tender; but if it were a…
2Cited by8 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Elliot v. SleeperSuperior Court of New Hampshire · 1823
- Kittredge v. EmersonSuperior Court of New Hampshire · 1844
- Cadle Co. v. DejadonSupreme Court of New Hampshire · 2006
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