Staniels v. Whitcher
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage. The case is the same as that reported in 72 N. Ii. 451, where it is held that $1,()00 of the plaintiff’s claim is a first lien on both tracts of land; and this part of the plaintiff’s claim is hereinafter referred to as “ the first lien.” The case was heard at the February term, 1904, of the superior court before Chamberlin, J., who made a decree charging one half of the first lien on each tract of land.
Read the full summary
Bill in Equity, to foreclose a mortgage. The case is the same as that reported in 72 N. Ii. 451, where it is held that $1,()00 of the plaintiff’s claim is a first lien on both tracts of land; and this part of the plaintiff’s claim is hereinafter referred to as “ the first lien.” The case was heard at the February term, 1904, of the superior court before Chamberlin, J., who made a decree charging one half of the first lien on each tract of land. The defendant Durgin excepted because the plaintiff was not compelled to satisfy the whole of the first lien out of the land on which he (Durgin) had…
1Opinion of the CourtYoung, J.
The facts on which the decree is based do not appear, and it is impossible to say from the decree alone what rule was applied to marshal the property. The result would be the same if it appeared that the Durgin land was of sufficient value to satisfy his claim in full and one half of the first lien, whether the court applied the rule which obtains in this state— that the right of a grantee to have the assets marshalled attaches to the situation as it exists at the time the other grantees have notice, actual or constructive, of the conveyance under which he claims (Brown v. Simons, 44 N. H.…
2Cases cited2 opinions
- Mahagan v. MeadSupreme Court of New Hampshire · 1885
- Gage v. McGregorSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Manchester v. DugganSupreme Court of New Hampshire · 1908