Hills v. Doe
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Chester, and was tried upon the general issue in the common pleas, at March term, 1833, and a verdict taken, by consent, for the demandants, subject to the opinion of this court upon the following case. One Jeremiah Rand, being seized of the demanded premises, on the 11th February, 1819, by deed, conveyed the same to the demandants.
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This was a writ of entry brought to recover a tract of land in Chester, and was tried upon the general issue in the common pleas, at March term, 1833, and a verdict taken, by consent, for the demandants, subject to the opinion of this court upon the following case. One Jeremiah Rand, being seized of the demanded premises, on the 11th February, 1819, by deed, conveyed the same to the demandants. On the back of the deed was an endorsement as follows “ The condition of the within deed is such, that if the within named J. R. shall well and truly pay to the with-m named B. II. &c. one note of the…
1Opinion of the CourtRichardson, C. J.
It is objected, in this case, that the action cannot be maintained because the demandants are now tenants in common. But we are of opinion that this objection cannot, under the circumstances of the case, prevail.
It has been held, that when lands are conveyed to two or more persons in mortgage, they are joint tenants until the right to redeem is foreclosed, and that then they become tenants in common. 7 Mass. Rep. 131, Appleton v. Boyd; 11 ditto, 469, Goodwin v. Richardson.
The interest in the land is held t® follow the interest in the debt, until the conveyance becomes absolute, and the debt…
2Cases cited1 opinion
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Campbell v. WallaceSuperior Court of New Hampshire · 1841