Robinson v. Leavitt
Superior Court of New Hampshire
Writ of entry for certain lands in Brentwood, which the demandants, J. Robinson, T. S. Robinson and D. Parsh-ley, claimed to recover as assignees of a mortgage made and executed by one Stephen Leavitt to the Trustees of Phillips Exeter Academy, and by them assigned to the demandants.
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Writ of entry for certain lands in Brentwood, which the demandants, J. Robinson, T. S. Robinson and D. Parsh-ley, claimed to recover as assignees of a mortgage made and executed by one Stephen Leavitt to the Trustees of Phillips Exeter Academy, and by them assigned to the demandants. The case was submitted to the decision of the court upon a statement of facts, by which it appeared that Stephen Leavitt, being seized of the demanded premises, mortgaged the same to the said Trustees on the 3d of September, 1822, to secure the payment of a promissory note. On the 25th December, 1825, said…
1Opinion of the CourtParker, J.
This case is of a peculiar character.
The demandants claim the land in question as assignees of a mortgage made by Stephen Leavitt, the intestate, and duly assigned to them.
The tenant is the widow of said Leavitt, and as such entitled to dower in his estate against all persons but those claiming under the mortgage, but having no right to pos*75session against the demandants if the mortgage is in force, ¡ because it was executed before the coverture, and having-no authority to set up her right of dower at present against any one, no assignment having been made.
She is also administratrix of the…
2Cases cited16 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
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3Cited by17 opinions
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Kittredge v. EmersonSuperior Court of New Hampshire · 1844
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844
12 more not listed; retrieve them via the Exa API.