Graves v. Rogers
Supreme Court of New Hampshire
Writ of Entry, on a mortgage given in 1872 by Roundy to Willard, sold by Willard to Bradford in 1878, and bought of Bradford in good faith, by the plaintiff, February 14, 1878. Bradford held a bond from Roundy for a deed of the land before he bought the mortgage, and Roundy executed a deed in 1873, but Bradford did not accept it until February 9, 1878, and it was recorded April 24,1878. The deed contained the following clause: “ These premises are subject to a mortgage to…
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Writ of Entry, on a mortgage given in 1872 by Roundy to Willard, sold by Willard to Bradford in 1878, and bought of Bradford in good faith, by the plaintiff, February 14, 1878. Bradford held a bond from Roundy for a deed of the land before he bought the mortgage, and Roundy executed a deed in 1873, but Bradford did not accept it until February 9, 1878, and it was recorded April 24,1878. The deed contained the following clause: “ These premises are subject to a mortgage to George Willard for one thousand dollars, which the said Bradford assumes and promises to pay as part consideration for…
1Opinion of the CourtClark, J.
“A purchaser of land subject to a mortgage, having paid the mortgage notes and afterwards obtained a loan upon them by representations leading to the belief that the mortgage was still a subsisting lien, is estopped from showing and insisting upon the fact of the payment of the notes. It would be a fraud, on his part thus to contradict a statement to the injury of another who had been influenced to act upon the statement as true.” Jones Mort., s. 947; International Bank v. Bowen, 80 Ill. 541; Powell v. Smith, 30 Mich. 451. It appears that the plaintiff purchased the Iloundy mortgage of…
2Cases cited3 opinions
- Powell v. SmithMichigan Supreme Court · 1874
- International Bank v. BowenIllinois Supreme Court · 1875
- Parker v. CrittendenSupreme Court of Connecticut · 1870
3Cited by1 opinion
- Keyes v. BairdSupreme Court of New Hampshire · 1937