Morse v. Powers
Superior Court of New Hampshire
Trover, for a quantity of pine boards. It appeared that Timothy Morse, of Ne”wbury, Vermont, on June 26, 1843, was the owner of the boards, a part of which at that time were in Whitman’s mill yard, and the residue at Dutton’s landing, in Haverhill.
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Trover, for a quantity of pine boards. It appeared that Timothy Morse, of Ne”wbury, Vermont, on June 26, 1843, was the owner of the boards, a part of which at that time were in Whitman’s mill yard, and the residue at Dutton’s landing, in Haverhill. On that day T. Morse made his mortgage of said boards, together with various other articles of personal property, situate in New-Hampshire, to the plaintiff, conditioned to save the plaintiff harmless from sundry liabilities incurred by him on account of T. Morse, and also to save one Eobert Morse harmless from bis liability upon a note to Joseph…
1Opinion of the CourtParker, C. J.
The evidence shows that the plaintiff took possession of the property in question under the mortgage, and that he retained that possession within the meaning of the statute. There should be a change of the possession, as stated in Smith v. Moore, 11 N. H. Rep. 55. But what is necessary to constitute a change of possession must depend upon the particular situation of the propeiiy. 10 N. H. Rep. 236, Clark v. Morse. Upon a sale of articles which are at the time in the house of the vendor, they should be removed, or a control over them be kept in some way. So, perhaps, where they are on the land…
2Cases cited3 opinions
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Clark v. MorseSuperior Court of New Hampshire · 1839
3Cited by1 opinion
- Corning v. RecordsSupreme Court of New Hampshire · 1898