Fletcher v. Chamberlin
Supreme Court of New Hampshire
Writ of Entry, brought April 28, 1877, by a devisee of Cephas C. Chamberlin, against John E. Chamberlin, for a tract of land in Lisbon. Facts agreed. February 17, 1855, the defendant and one Morse, being jointly seized of the demanded premises, conveyed the same, by their joint mortgage deed of that date, duly executed, and recorded July 19, 1855, to one Atkinson to secure notes payable by them to him.
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Writ of Entry, brought April 28, 1877, by a devisee of Cephas C. Chamberlin, against John E. Chamberlin, for a tract of land in Lisbon. Facts agreed. February 17, 1855, the defendant and one Morse, being jointly seized of the demanded premises, conveyed the same, by their joint mortgage deed of that date, duly executed, and recorded July 19, 1855, to one Atkinson to secure notes payable by them to him. By another mortgage deed, duly executed, dated May 3, 1855, acknowledged July 17, 1855, and recorded after the registry of the prior mortgage, the defendant and Morse conveyed the premises to…
1Opinion of the Court
Foreclosure is the process by which a mortgagee himself acquires or transfers to a purchaser an absolute title to the property, of which he has previously had a mere lien or incumbrance. By this process the mortgage title, which was before conditional, becomes absolute. The mortgagor's right of redemption is extinguished, and the mortgagee's title is perfected. By foreclosure the mortgage debt is paid and extinguished by an absolute transfer of the estate, — in full, if the estate is of sufficient value, or pro tanto, if the value is insufficient. But, although the debt is paid and…
2Cases cited9 opinions
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- Baldwin v. NortonSupreme Court of Connecticut · 1817
- Lincoln v. EmersonMassachusetts Supreme Judicial Court · 1871
- Elder v. TrueSupreme Judicial Court of Maine · 1850
- Stantons v. ThompsonSupreme Court of New Hampshire · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888
- Fadili v. Deutsche Bank Nat'l TrustDistrict Court, D. New Hampshire · 2014