Lane v. Sleeper
Superior Court of New Hampshire
Writ op Entry, in which the demandants claimed to recover a certain part of a building at Meredith. The action was commenced August 25, 1845. At the trial, upon the general issue, the demandants offered in evidence a mortgage deed, executed by Charles C. Tebbitts to George L. Sibley, December 19, 1837, and with condition to secure the payment of a note, from the former to the latter, of even date, for $800, in one year, with interest.
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Writ op Entry, in which the demandants claimed to recover a certain part of a building at Meredith. The action was commenced August 25, 1845. At the trial, upon the general issue, the demandants offered in evidence a mortgage deed, executed by Charles C. Tebbitts to George L. Sibley, December 19, 1837, and with condition to secure the payment of a note, from the former to the latter, of even date, for $800, in one year, with interest. It appeared at the trial that Tebbitts was indebted to Sibley on a note, bearing date July 25,1887, for $250, and that Sibley had signed, as surety for…
1Opinion of the CourtGilchrist, J.
The demandants derived their title from a mortgage which Charles C. Tebbitts, on the 19th day of December, 1837, made to George L. Sibley. The tenant claims by virtue of an extent, following an attachment of the premises, in a suit against the same Charles C. Tebbitts, a little later than the day on which the mortgage was executed. This entitles the tenant to a scrutiny of the course by which the premises are supposed to have passed to the demandants.
He first avers that the mortgage is insufiieient. So far as the consideration of the note secured by it is concerned, it must, upon the…
2Cases cited2 opinions
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Haseltine v. GuildSuperior Court of New Hampshire · 1840