Wallace v. Goodall
Superior Court of New Hampshire
Trespass quart clausum, and cutting timber trees. Plea, the general issue. The plaintiff offered, (1), an office-copy of a deed from Joshua B. Dodge to Jonathan P. Eaudlott, dated January 25, 1825,, conveying lot No. 61, in Bethlehem, designated by number only. 2. A mortgage from Randlett to Dodge, of same date, conditioned to pay four notes, amounting to $138.15 and interest. 3. A deed from said Dodge to James Handy, dated September 7, 1835, conveying the same premises. 4.…
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Trespass quart clausum, and cutting timber trees. Plea, the general issue. The plaintiff offered, (1), an office-copy of a deed from Joshua B. Dodge to Jonathan P. Eaudlott, dated January 25, 1825,, conveying lot No. 61, in Bethlehem, designated by number only. 2. A mortgage from Randlett to Dodge, of same date, conditioned to pay four notes, amounting to $138.15 and interest. 3. A deed from said Dodge to James Handy, dated September 7, 1835, conveying the same premises. 4. A mortgage of the same from Handy to Renton Philips, dated the same day, conditioned to secui’e and save harmless the…
1Opinion of the CourtGilchrist, J.
This is an action of trespass quare clausum. Joshua B. Dodge, on the 24th of January, 1825, conveyed lot No. 61, in Bethlehem, to Jonathan P. Randlett, and on the same day Randlett mortgaged the samé land to Dodge, to secure the payment of four promissory notes, amounting to $138.15, and interest.
After this conveyance it is plain that Dodge was a mortgagee only.
It does not appear from the case who at this time was in the possession of the lot, or whether any one was in possession of it. Randlett, at some time, went into possession, for we find, from the testimony of Reuben Phillips, that…
2Cases cited12 opinions
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Shepherd v. ThompsonSuperior Court of New Hampshire · 1827
- Woods v. BanksSuperior Court of New Hampshire · 1843
- Gray v. BerrySuperior Court of New Hampshire · 1838
- Pollard v. MelvinSuperior Court of New Hampshire · 1840
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Woodburn v. ChapmanSupreme Court of New Hampshire · 1976