Adams v. Lee
Supreme Court of New Hampshire
Bill in Equity. Facts found by the court. February 8,1886, the plaintiff sold to the defendant Lee a lot of pine timber in the town of Moultonborough, with an agreement that the same should remain his property until it was fully paid for. The whole bargain was put in writing, and was recorded in the office of the town clerk of Moultonborough, May 28, 1886. But no affidavit such as is prescribed by s. 2, c. 30, Laws of 1885, was made or subscribed to the writing.
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Bill in Equity. Facts found by the court. February 8,1886, the plaintiff sold to the defendant Lee a lot of pine timber in the town of Moultonborough, with an agreement that the same should remain his property until it was fully paid for. The whole bargain was put in writing, and was recorded in the office of the town clerk of Moultonborough, May 28, 1886. But no affidavit such as is prescribed by s. 2, c. 30, Laws of 1885, was made or subscribed to the writing. About May 28, 1886, on the application of certain creditors of Lee, the defendant Wiggin was appointed by the probate court…
1Opinion of the CourtSmith, J.
The lien reserved to the plaintiff by force of his contract with Lee is valid unless lost for non-compliance with the requirements of c. 30, Laws of 1885. By the common law of this state a sale and delivery of chattels, on condition that the title does not pass until the purchase-money is paid or secured, does not vest the title in the vendee. Weeks v. Pike, 60 N. H. 447, and authorities cited. The statute of 1885 (c. 30, ss. 1, 2) provides that “No lien reserved on personal property sold conditionally and passing into the hands of the conditional purchaser shall be valid against attaching…
2Cases cited1 opinion
- Ross Nursing Home v. Tuthill (In Re Ross Nursing Home)United States Bankruptcy Court, E.D. New York · 1980
3Cited by8 opinions
- Chilberg v. SmithCourt of Appeals for the Ninth Circuit · 1909
- Hodgdon v. LibbySupreme Court of New Hampshire · 1896
- In re Olzendam Co.U.S. Circuit Court for the District of New Hampshire · 1902
- In re Coover, Pennsylvania Court of Common Pleas, Cumberland County1932
- In re PeasleyDistrict Court, D. New Hampshire · 1905
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