Very v. Russell
Supreme Court of New Hampshire
Trespass qu. cl. The parties agreed upon the following facts for the opinion of the court: October 29, 1863, the plaintiff, being the owner of the locus in quo, made a mortgage thereof to one Cole, in which her husband joined, to secure a note for $1,000. Immediately succeeding the condition in the mortgage was the following: “ And it is agreed that on failure of performance of said condition, the said John Cole may advertise said mortgaged premises for sale, by publication…
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Trespass qu. cl. The parties agreed upon the following facts for the opinion of the court: October 29, 1863, the plaintiff, being the owner of the locus in quo, made a mortgage thereof to one Cole, in which her husband joined, to secure a note for $1,000. Immediately succeeding the condition in the mortgage was the following: “ And it is agreed that on failure of performance of said condition, the said John Cole may advertise said mortgaged premises for sale, by publication of notice in some newspaper printed at Keene, in said county, three weeks successively before such sale, and may sell…
1Opinion of the CourtFoster, J.
The defendant claims title to the premises and property, which are the subject of the alleged trespass, by virtue of a valid execution of the power of sale contained in the plaintiff’s mortgage to Cole.
The validity of such powers is very generally, if not universally, recognized and declared by the text writers on both sides of the Atlantic, who adduce abundant authorities in support of their propositions. The doctrine seems to rest upon a principle no less broad and fundamental than the right of parties to make for themselves such legal contracts as they choose. 1 Wash. R. P. 498, £ixicl…
2Cases cited14 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
- Richards v. HolmesSupreme Court of the United States · 1856
- Hood v. FahnestockSupreme Court of Pennsylvania · 1839
- Wing v. CooperSupreme Court of Vermont · 1864
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dieffenbach v. BuckleyDistrict Court, D. New Hampshire · 1979