Aldrich v. Woodcock
Superior Court of New Hampshire
Foreign attachment. From the report of an auditor, appointed by agreement of the parties, it appeared that on the 25th of November, 1836, the principal defendant, Woodcock, executed a mortgage to Watkins and Newton, the trustees, of divers articles of personal property, among which were two horses and waggons, several lots of lumber at different places, some wood, two mortising machines, and other property in the shop occupied by Woodcock, in Swanzey • and a formal delivery…
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Foreign attachment. From the report of an auditor, appointed by agreement of the parties, it appeared that on the 25th of November, 1836, the principal defendant, Woodcock, executed a mortgage to Watkins and Newton, the trustees, of divers articles of personal property, among which were two horses and waggons, several lots of lumber at different places, some wood, two mortising machines, and other property in the shop occupied by Woodcock, in Swanzey • and a formal delivery of a horse and waggon was then made. The mortgage was made to secure the sum of $600, due to Watkins ; and the sum of…
1Opinion of the CourtParker, C. J.
The statute of December 12, 1832, made provision, that whenever personal property, not exempt from attachment, should be mortgaged, pledged, or subject to any lien created by law, the holder might be summoned as a trustee of the mortgager, &c. And if, upon disclosure, or otherwise, it should appear that the mortgager, &c., had any subsisting right to redeem, the court might order that on pay*101ment or tender of the debt, or performance of the condition, within such time as the court might order, the person summoned should deliver the property to the attaching officer, to be holden as if attached…
2Cases cited1 opinion
- Greenleaf v. PerrinSuperior Court of New Hampshire · 1836
3Cited by2 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Mitchell Bros. v. Green & Burnham & Indian Head National BankSupreme Court of New Hampshire · 1883