Gray v. Gillespie
Supreme Court of New Hampshire
Writ oe Entry, on a mortgage. Plea, the general issue, with a brief statement that the condition of the mortgage has not been broken. Motion to reject the brief statement.
1Opinion of the CourtBingham, J.
It is provided by Gen. Laws, c. 232, s. 12, that in actions on mortgages the judgment shall be conditional, that if the mortgageor pays to the mortgagee the sum the court shall adjudge due, within two months after judgment rendered, with interest, the judgment shall be void. The defendant claims that this provision applies to all actions upon mortgages, and that, if nothing is due on the mortgage debt, no action can be maintained because no judgment can be rendered. This statute, almost in its present form, has existed in j;his state for a longer period than is covered by our reported cases.…
2Cited by2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Clough v. RoweSupreme Court of New Hampshire · 1885