Bartlett v. Sanborn
Supreme Court of New Hampshire
Trover, for wood cut by the defendant on lot No. 2, which had been conditionally conveyed, with lots Nos. 1 and 8, by a single mortgage given by one Dearborn to a bank. Facts found by the court. The .mortgage had been foreclosed, in the second statutory mode, on No. 1, which was equal in value to the 'mortgage debt. If the mortgage was not foreclosed on No. 2 in the same manner and at the same time, the plaintiff is entitled to judgment for $135.
1Opinion of the CourtDoe, C. J.
The mortgage of the three lots was made to the bank in 1871, and the bank conveyed lot No. 2 to the defendant in 1883. The only actual possession the bank ever had of this lot was' the foreclosing entry made upon it in 1881. In 1879 the mortgagor conveyed it, so far as he could by an absolute warranty deed, to the plaintiff ; and since that conveyance the plaintiff has had exclusive possession, not subordinate, in fact, to any right of any other person, and interrupted only by the bank’s peaceable entry May 24, 1881, and by the defendant’s cutting the wood in the winter of 1883-’84. For…
2Cases cited3 opinions
- Fletcher v. CaryMassachusetts Supreme Judicial Court · 1870
- Thompson v. KenyonMassachusetts Supreme Judicial Court · 1868
- Sparhawk v. WillsMassachusetts Supreme Judicial Court · 1855
3Cited by2 opinions
- Ray v. ScriptureSupreme Court of New Hampshire · 1892
- Cate v. CateSupreme Court of New Hampshire · 1921