Hathaway v. Noble
Supreme Court of New Hampshire
IN Equity. Benjamin Hathaway, of Plymouth, Mass., complains against Elizabeth Noble and Jeremiah Noble, both of Portsmouth, Stark W. Lewis, of New York, Joshua Eldridge, of Chatham, Mass., James N. Tarleton, of Middletown, Conn., and William H. Y. Hackett and James W. Emery, both of Portsmouth, alleging that on July 12, 1848, Moses Noble, formerly of Portsmouth, but now deceased, was indebted to the plaintiff in the sum of $2,837.53, upon tvro promissory notes, due and…
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IN Equity. Benjamin Hathaway, of Plymouth, Mass., complains against Elizabeth Noble and Jeremiah Noble, both of Portsmouth, Stark W. Lewis, of New York, Joshua Eldridge, of Chatham, Mass., James N. Tarleton, of Middletown, Conn., and William H. Y. Hackett and James W. Emery, both of Portsmouth, alleging that on July 12, 1848, Moses Noble, formerly of Portsmouth, but now deceased, was indebted to the plaintiff in the sum of $2,837.53, upon tvro promissory notes, due and payable in September, 1848, and -which have never been paid ; that said Moses Noble endorsed other notes for the benefit of…
1Opinion of the CourtSmith, J.
The 8th cause of demurrer assigned is, that the plaintiff’s claim is stale. The defendants’ mortgage was executed in July, 1848. She obtained a judgment to foreclose it February, 1849, and has since been in the possession of the mortgaged premises, taking the rents and profits, with no attempt at interference from any source, until this suit was brought in 1874, — a period of twenty-six years from the time her title accrued. The mortgagor has in the mean time died. Many of the defendants’ witnesses, it must be presumed, are dead, and probably the memory of those yet living may have become…
2Cited by3 opinions
- North Bay Council, Inc. v. GrinnellSupreme Court of New Hampshire · 1983
- Hould v. Maryland Casualty Co.Supreme Court of New Hampshire · 1929
- Whidden v. WhiddenSupreme Court of New Hampshire · 1892