Sumner v. Dalton
Supreme Court of New Hampshire
Bill in Equity, to restrain the defendants from selling certain mortgaged furniture. The plaintiff claims under a mortgage executed October 20, 1872, and recorded March 31, 1873. The defendants claim under a mortgage from the same person, executed and recorded January 2,1873. The mortgagor was the plaintiff’s father, and the owner of the Sumner house.
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Bill in Equity, to restrain the defendants from selling certain mortgaged furniture. The plaintiff claims under a mortgage executed October 20, 1872, and recorded March 31, 1873. The defendants claim under a mortgage from the same person, executed and recorded January 2,1873. The mortgagor was the plaintiff’s father, and the owner of the Sumner house. The plaintiff claimed that he kept the house, boarding his parents, and that, by virtue of his arrangement in regard to the house, there was such delivery of the mortgaged property to him as would dispense with the necessity of a record. But the…
1Opinion of the CourtSmith, J.
The change of possession, when the mortgage was not recorded, should have been such as to be apparent to those having occasion to observe it, and no such change was shown. Concurrent possession by the vendor and vendee was not sufficient. Wordall v. Smith, 1 Camp. 333; Trask v. Bowers, 4 N. H. 309; Lang v. Stockwell, 55 N. H. 561, 565. The judge who tried the cause found that there was not such delivery as would dispense with a record of the plaintiff’s mortgage, and his finding upon a question of fact is conclusive.
The testimony of Taylor and Ewen was unobjectionable for the purpose for…
2Cases cited2 opinions
- Clark v. TarbellSupreme Court of New Hampshire · 1876
- Lang v. StockwellSupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Piper v. MeredithSupreme Court of New Hampshire · 1970