Horn v. Thompson
Superior Court of New Hampshire
This was a writ of entry upon a mortgage to recover a lot of land in Carroll, in this county. The general issue was pleaded, with a brief statement that before the action was entered he paid the plaintiff' $35, by which the mortgage was paid in full.
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This was a writ of entry upon a mortgage to recover a lot of land in Carroll, in this county. The general issue was pleaded, with a brief statement that before the action was entered he paid the plaintiff' $35, by which the mortgage was paid in full. The plaintiff offered in evidence a mortgage deed from Charles Thompson to H. T. Sturtevant, of the lot of land in question, dated December 20, 1845, duly executed and recorded, with a condition, that if Thompson should pay to Sturtevant, his heirs, &c., $485, agreeably to his eight promissory notes, of the same date, payable to Sturtevant or…
1Opinion of the CourtBell, J.
It is objected to the assignment made by Sturtevant to the plaintiff, that no consideration is shown for it. This objection is not well founded. It is the settled doctrine of this court, that a mortgage is but an incident of the debt, and upon an assignment of the debt, passes with it. Southerin v. Mendum, 5 N. H. Rep. 420; Ellison v. Daniels, 11 N. H. Rep. 274; Rigney v. Lovejoy, 13 N. H. Rep. 247; Wilson v. Kimball, 7 Foster’s Rep. 300.
The notes which here constitute the debt secured by the mortgage, are found to be indorsed by the payee, and such indorsement is prima facie evidence of an…
2Cases cited9 opinions
- McDonald v. MagruderSupreme Court of the United States · 1830
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Russel v. BallNew York Supreme Court · 1806
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Quimby v. StebbinsSupreme Court of New Hampshire · 1875