Warren v. Hayes
Supreme Court of New Hampshire
Bills in Equity^, the first to avoid a fraudulent conveyance, and the second to remove a cloud from the plaintiffs’ title. There was a decree for the plaintiffs in the first action against all the defendants except Mrs. Dixon, and the second action was dismissed, and the plaintiffs excepted.
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Bills in Equity^, the first to avoid a fraudulent conveyance, and the second to remove a cloud from the plaintiffs’ title. There was a decree for the plaintiffs in the first action against all the defendants except Mrs. Dixon, and the second action was dismissed, and the plaintiffs excepted. Transferred from the January term, 1907, of the superior court by Peaslee, J. The plaintiffs were induced to convey the property in question to Hayes’ grantor by the fraud of the defendants in the first action. Hayes mortgaged it to one Jennings. The mortgage purported to be made to secure the payment of…
1Opinion of the CourtYoung, J.
The payment of the notes indorsed by Jennings did not discharge the mortgage as a matter of law (Quimby v. Williams, 67 N. H. 489, 492, 493); so when he assigned the mortgage to Mrs. Dixon, the legal title to the property vested in her to secure the payment of her loan to Hayes. Since she was an innocent purchaser for value to the extent of that loan, her equitable right to the property was, to that extent, superior to the plaintiffs’. Lewis v. Dudley, 70 N. H. 594. Since this is so, the conveyance from Hayes did not invalidate her lien on the property, unless she is held to know that Hayes’…
2Cases cited2 opinions
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Henry v. . AllenNew York Court of Appeals · 1896
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- Curtis, Collins & Holbrook Co. v. United StatesSupreme Court of the United States · 1923
- Langley v. FordSupreme Court of Oklahoma · 1917
- Akerson v. D. C. Bates & Sons, Inc.Oregon Supreme Court · 1946
- Edelstone v. Salmon Falls Manufacturing Co.Supreme Court of New Hampshire · 1930
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