Page v. Pierce
Superior Court of New Hampshire
Writ of entry, brought by the plaintiffs to foreclose a mortgage, made by the defendant to Hiram Munger, and which they claim to hold by virtue of the sale and indorsement to them of a note secured thereby. The case was submitted to the court upon papers exhibited by the parties.
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Writ of entry, brought by the plaintiffs to foreclose a mortgage, made by the defendant to Hiram Munger, and which they claim to hold by virtue of the sale and indorsement to them of a note secured thereby. The case was submitted to the court upon papers exhibited by the parties. The first was a mortgage deed, conveying the premises from the defendant to Hiram Munger, for the security of five notes for one hundred dollars each, payable to Munger, or order, at different times, one of which, being the last payable, and indorsed before maturity to the plaintiffs, is in these words: Manchester,…
1Opinion of the CourtWoods, J.
It is settled in this State, that the assignment of a debt secured by a mortgage of land, is ipso facto *322an assignment of the security also. Southerin v. Mendum, 5 N. H. Rep. 420; Rigney v. Lovejoy, 13 N. H. Rep. 247; and cases there referred to.
And it is also settled that the interest of a mortgagee is incapable of being conveyed by him, except in connection with the debt secured by the mortgage, and as a mere incident or appurtenance to it. Ellison v. Daniels, 11 N. H. Rep. 274, and cases, there cited.
It was held in Rigney v. Lovejoy before referred to, that the parol assignment of a…
2Cases cited6 opinions
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Langdon v. KeithSupreme Court of Vermont · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Castagnaro v. Bank of New York MellonCourt of Appeals for the First Circuit · 2014