Hoit v. Remick
Superior Court of New Hampshire
Tiiespass, for taking and carrying away the plaintiffs’ horse. The plaintiffs’ title to the horse was founded on a mortgage of February 14, 1837, recorded in the office of the clerk of the town of Sandwich on the day of its date, and executed by Ambrose Hall to the plaintiffs, to secure the payment of a note signed by Hall, and given for the price agreed to be paid for the horse to the plaintiffs, of whom Hall purchased him.
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Tiiespass, for taking and carrying away the plaintiffs’ horse. The plaintiffs’ title to the horse was founded on a mortgage of February 14, 1837, recorded in the office of the clerk of the town of Sandwich on the day of its date, and executed by Ambrose Hall to the plaintiffs, to secure the payment of a note signed by Hall, and given for the price agreed to be paid for the horse to the plaintiffs, of whom Hall purchased him. At the date of the mortgage, and ever before, and after-wards, until March, 1838, Hall resided in Sandwich with his family, when he removed himself and family to…
1Opinion of the CourtWoods, J.
The mortgage upon which the plaintiffs rely to maintain this action, was made by Hall to secure to them the purchase price of the horse in controversy, and was duly recorded in the office of the clerk of the town of Sandwich, in which town Hall, the mortgager, resided at the time of its execution.
In the absence of all proof of fraudulent purpose in its execution, the mortgage thus recorded most certainly consti*287tuted a valid conveyance of the property of the horse to the plaintiffs at the time of its execution and record, as against Hall himself, and his creditors, and all subsequent…
2Cases cited2 opinions
- Haven v. LowSuperior Court of New Hampshire · 1819
- Ash v. SavageSuperior Court of New Hampshire · 1831
3Cited by1 opinion
- Corning v. RecordsSupreme Court of New Hampshire · 1898