Quimby v. Williams
Supreme Court of New Hampshire
Bills in Equity, praying in substance for a determination of the rights of the parties as mortgagees in certain parcels of real estate. Facts found by a referee.
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Bills in Equity, praying in substance for a determination of the rights of the parties as mortgagees in certain parcels of real estate. Facts found by a referee. In the first case the following facts appear: Abigail Brown executed three mortgages of her farm in Colebrook to the defendant Williams, — one dated December 1, 1883, for $800; one dated March 18, 1884, for $500; and one dated December 18, 1884, for $1,700. ‘The last mortgage was intended by Mrs. Brown and Williams to be in satisfaction and extinguishment of the prior mortgages; but they were left in Williams’s possession without…
1Opinion of the Court
Per Curiam *
1. Mrs. Brown’s mortgage to Williams for $800, which was duly recorded, was the first of the several incumbrances placed upon the Brown farm. Its validity at the time of its execution is admitted, and it is not claimed that its assignment a few days later by Williams to Parkhurst was defective- or void. The title to the note and mortgage passed to Parkhurst before the $1,700 mortgage was given, and his rights were not affected by the fact that Mrs. Brown and Williams understood that the last mortgage operated as a payment of her former notes to Williams. She might have protected…
2Cases cited2 opinions
- Stratton v. PutneySupreme Court of New Hampshire · 1885
- Watkins v. ArmsSupreme Court of New Hampshire · 1886
3Cited by3 opinions
- Hill v. PrestonTexas Supreme Court · 1931
- York v. RobbinsTexas Commission of Appeals · 1923
- Hill v. PrestonTexas Supreme Court · 1931