Piper v. Hilliard
Supreme Court of New Hampshire
In Equity. The bill, brought by Thomas Piper against Henry S. Hilliard, the Stewartstown bridge, and other parties, alleges that James M. Hilliard mortgaged to the plaintiff sixty-seven shares in the stock of the Stewartstown bridge, and subsequently executed several mortgages of the same stock to parties having knowledge of the plaintiff’s prior incumbrance, some of which subsequent mortgages are now held by Henry S. Hilliard.
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In Equity. The bill, brought by Thomas Piper against Henry S. Hilliard, the Stewartstown bridge, and other parties, alleges that James M. Hilliard mortgaged to the plaintiff sixty-seven shares in the stock of the Stewartstown bridge, and subsequently executed several mortgages of the same stock to parties having knowledge of the plaintiff’s prior incumbrance, some of which subsequent mortgages are now held by Henry S. Hilliard. The bill prays that, in default of payment of the mortgage debt, the plaintiff’s title to the shares be made absolute, and the right to redeem the same be foreclosed,…
1Opinion of the Court
*Smith, J.
No certificate of the stock was delivered by James M. Hilliard to the plaintiff. The transaction between James M. Hilliard and the plaintiff was not a pledge of the stock, nor was it so intended. The plaintiff must claim under his mortgage, or not at all. Janvrin v. Fogg, 49 N. H. 340. The mortgage, not having been sworn to or recorded as prescribed by statute, was not valid against attaching creditors without notice. Comp. Stats., ch. 138, sec. 10; Gen. Stats., ch. 123, sec. 12.
Jennison & Crane must have commenced their levy at least thirty days prior to the sale. Gen. Stats., ch.…
2Cases cited5 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
- Horton v. . DavisNew York Court of Appeals · 1863
3Cited by2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Hoit v. RussellSupreme Court of New Hampshire · 1876