McDaniel v. Cater
Superior Court of New Hampshire
Writ oe entry, in which the demandant counted upon his own seizin as of fee and right, &c., in the usual form. - The tenant filed a plea and confession in the following form: “And the said J. C. comes and defends, &c., and confesses, that the plaintiff is seized of the whole of the demanded premises with the appurtenances, in the plaintiff’s writ and declaration aforesaid mentioned, in his demesne as of mortgage ; and that the plaintiff is seized of one undivided half of…
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Writ oe entry, in which the demandant counted upon his own seizin as of fee and right, &c., in the usual form. - The tenant filed a plea and confession in the following form: “And the said J. C. comes and defends, &c., and confesses, that the plaintiff is seized of the whole of the demanded premises with the appurtenances, in the plaintiff’s writ and declaration aforesaid mentioned, in his demesne as of mortgage ; and that the plaintiff is seized of one undivided half of said demanded premises in his demesne as of fee and right; and that the plaintiff is entitled to' have and recover judgment…
1Opinion of the CourtBell, J.
As we understand the law and practice to be here, in actions brought by the mortgagee to recover the possession of *229mortgaged property, the mortgagee has his flection to count generally upon his own seizin in his demesne as of fee, without any mention of the mortgage, or allusion to it, either before or after the condition is broken; and if the tenant suffers a default, or pleads such plea as does not bring the mortgage to the notice of the court, so that the conditional judgment may be entered, the usual common-law judgment is entered, and the tenant, if there is any disagreement relative to…
2Cases cited2 opinions
- Bickford v. DanielsSuperior Court of New Hampshire · 1819
- Briggs v. SholesSuperior Court of New Hampshire · 1843