Robertson v. Stark
Superior Court of New Hampshire
Trover, for eight horses, two wagons, twelve harnesses, &c. To show title to the property, the plaintiff produced a mortgage deed, made in due form from J. 11. Webber and Benjamin Packard, to himself, conveying a portion of the property. It was dated Nov. 17,1841, and duly recorded.
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Trover, for eight horses, two wagons, twelve harnesses, &c. To show title to the property, the plaintiff produced a mortgage deed, made in due form from J. 11. Webber and Benjamin Packard, to himself, conveying a portion of the property. It was dated Nov. 17,1841, and duly recorded. The condition was to pay to the plaintiff “ the sum of $700.00, agreeably to the said Webber’s and Packard’s note for said sum, to be paid in teaming, on demand, with interest annually, and bearing even date herewith.” The plaintiff also produced the following paper, signed by the mortgagors, viz: “ Nov. 17,1841.…
1Opinion of the CourtParker, C. J.
Where a note, or other obligation, is offered in evidence in connection with a mortgage, it is not necessary that all the particulars of it should be specified in the condition of the mortgage, in order to identify it as the note intended to be secured by the mortgage. It will be sufficient if it is so far described that it appeal’s, with reasonable certainty, to he the note or contract intended to be secured by the mortgage. If there should be certain particulars in which it agreed with the description in the condition, and certain other particulars in which it varied from it, the mere…
2Cases cited5 opinions
- Town of Rochester v. Town of ChesterSuperior Court of New Hampshire · 1826
- Whipple v. WalpoleSuperior Court of New Hampshire · 1839
- Lessee of Forbes v. CaruthersSupreme Court of Pennsylvania · 1803
- State v. CarrSuperior Court of New Hampshire · 1831
- Town of Peterborough v. Town of JaffreySuperior Court of New Hampshire · 1833
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