Felker v. Hazelton
Supreme Court of New Hampshire
Bill in Equity, praying for the discharge of a mortgage. The bill ¿lieges that on June 23, 1882, one Richardson executed a mortgage of real estate to the defendant Hazelton, trustee, to-secure the payment of a note for $1,200; that the plaintiffs caused said real estate to be attached on a writ against Richardson, returnable in February, 1892, and now pending; that on June 14, 1893, the defendant Baker purchased all the right, title, and interest of Richardson in said real…
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Bill in Equity, praying for the discharge of a mortgage. The bill ¿lieges that on June 23, 1882, one Richardson executed a mortgage of real estate to the defendant Hazelton, trustee, to-secure the payment of a note for $1,200; that the plaintiffs caused said real estate to be attached on a writ against Richardson, returnable in February, 1892, and now pending; that on June 14, 1893, the defendant Baker purchased all the right, title, and interest of Richardson in said real estate; that on July 8, 1893, the plaintiffs tendered to Hazelton the full amount due on the mortgage and requested him…
1Opinion of the CourtBlodgett, J.
The bill states no case against Baker. No collusion between him and the mortgagee or the mortgagor is charged, nor is his purchase of the mortgagor’s interest in the real estate attached by the plaintiffs alleged to be fraudulent or a cloud' upon the title. The simple fact that Baker bought the mortgagor’s equity subsequent to the attachment, without any other ground for equitable aid, is wholly insufficient to maintain the plaintiffs’ bill. See Towle v. Janvrin, 61 N. H. 605.
No better is the case made against Hazelton. No grievance or injury impairing or imperiling the plaintiffs’ security…
2Cases cited2 opinions
- Allen v. CheeverSupreme Court of New Hampshire · 1881
- Towle v. JanvrinSupreme Court of New Hampshire · 1882