Hartshorn v. Hubbard
Superior Court of New Hampshire
Where it appeal s by necessary implication from the terms of the condition of a mongage, rhet the understanding of the parties must have been, that the mortgager should remain in possession of the land, the mortgagee cannot maintain a. writ of entry to recover the land, until the condition be broken, or waste be This was a writ of entry, and was tried here at October term, 1821, and a verdict taken for the tenant, subject to the opinion of the court upon the following case :…
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Where it appeal s by necessary implication from the terms of the condition of a mongage, rhet the understanding of the parties must have been, that the mortgager should remain in possession of the land, the mortgagee cannot maintain a. writ of entry to recover the land, until the condition be broken, or waste be This was a writ of entry, and was tried here at October term, 1821, and a verdict taken for the tenant, subject to the opinion of the court upon the following case : The tenant being seized of the demanded premises on the 8th February, 1814, conveyed the same to the demandant, to hold…
1Opinion of the Court
By the court.
It is clear, that a mortgagee may at any time enter into the land mortgaged, or maintain a writ of entry against the mortgager unless restrained by contract, 1 N. H. Rep. 169, Brown vs. Cram.—16 Mass. Rep. 39, Coleman vs. Packard.
*454It was inlimaicd in the case of Brown vs. Cram, that to take from the mortgagee the right of possession, there must be an express stipulation in the deed, that the mortgager shall retain the possession. But that was not a point decided. And we are of opinion, that where it appears from the terms of the condition by necessary implication, that it must…
2Cases cited1 opinion
- Brown v. CramSuperior Court of New Hampshire · 1818
3Cited by6 opinions
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Bullard v. BowersSuperior Court of New Hampshire · 1840
- Chellis v. StearnsSuperior Court of New Hampshire · 1851
- Hobart v. SanbornSuperior Court of New Hampshire · 1842
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