Stowe v. Meserve
Superior Court of New Hampshire
Trover, for two horses; submitted to the court upon a statement of facts. On the ] 6th of October, 1838, the plaintiff, residing in Littleton, sold the horses in controversy to one Elias M. Hall, then, and until the commencement of this suit, residing in Bartlett, for $100, to secure the payment of which, Hall mortgaged to him the same horses, and. the mortgage was recorded in the office of the town-clerk of Littleton.
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Trover, for two horses; submitted to the court upon a statement of facts. On the ] 6th of October, 1838, the plaintiff, residing in Littleton, sold the horses in controversy to one Elias M. Hall, then, and until the commencement of this suit, residing in Bartlett, for $100, to secure the payment of which, Hall mortgaged to him the same horses, and. the mortgage was recorded in the office of the town-clerk of Littleton. Langley, one of the defendants, having recovered a judgment against Hall, sued out an execution, which he delivered to the other defendant, Meserve, a deputy sheriff, with…
1Opinion of the CourtParker, C. J.
' The act to prevent fraud in the transfer of personal property by mortgage, passed June 22d, 1832, enacts, “ that no mortgage of personal property, hereafter made, shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be *49delivered to, and retained by, the mortgagee, or unless the mortgage be recorded in the office of the clerk of the town where the mortgager shall reside at the time of making the same. 2 N. H. Laws 58.
Possession of the property in question, in this case, was not taken by the mortgagee ; and the record of the mortgage in…
2Cases cited1 opinion
- Smith v. MooreSuperior Court of New Hampshire · 1840
3Cited by3 opinions
- Riggs v. GardikasNew Mexico Supreme Court · 1967
- Tucker v. TiltonSupreme Court of New Hampshire · 1875
- Moore v. KidderSupreme Court of New Hampshire · 1875