Eastman v. Thayer
Supreme Court of New Hampshire
Bill in Equity, against Thayer, Aldrich, and Jackman, filed December 17, 1879, alleging that Thayer was seized of certain lands in Bethlehem; that he made a mortgage thereon, which is now held by Jackman; that Jackman has obtained judgment thereon, and is now in possession of the premises for the purpose of foreclosure; that the time of redemption will expire on or about December 26, 1879; that Thayer executed a second mortgage September 13, 1876, which is now owned and held…
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Bill in Equity, against Thayer, Aldrich, and Jackman, filed December 17, 1879, alleging that Thayer was seized of certain lands in Bethlehem; that he made a mortgage thereon, which is now held by Jackman; that Jackman has obtained judgment thereon, and is now in possession of the premises for the purpose of foreclosure; that the time of redemption will expire on or about December 26, 1879; that Thayer executed a second mortgage September 13, 1876, which is now owned and held by the plaintiffs; that the plaintiffs have commenced a suit on the notes, which is still pending; that in 1877 this…
1Opinion of the Court
We have not found it necessary to consider the objection of multifariousness. The only question then is, whether the bill states a case against the defendants Jackman and Aldrich. We are of opinion that it does not.
The allegations against Jackman, so far as they relate to the tax title, are, substantially, that he has been in possession of the mortgaged premises since December, 1878, receiving the rents and profits, and ought to have paid the taxes in question, but that he permitted the premises to be sold for their non-payment, and the consequent tax title to become an incumbrance on the…
2Cases cited12 opinions
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Douglass v. NuzumSupreme Court of Kansas · 1876
- Polk v. PendletonCourt of Appeals of Maryland · 1869
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Herrington v. WilliamsTexas Supreme Court · 1868
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3Cited by6 opinions
- First NH Bank v. Town of WindhamSupreme Court of New Hampshire · 1994
- Burke v. PierroSupreme Court of New Hampshire · 2009
- Perham v. Haverhill Fibre Co.Supreme Court of New Hampshire · 1885
- Hallett v. ParkerSupreme Court of New Hampshire · 1896
- Greeley v. BeckmanSupreme Court of New Hampshire · 1910
1 more not listed; retrieve them via the Exa API.