New-Hampshire Bank v. Willard
Superior Court of New Hampshire
Writ of entry, upon a mortgage, executed by the defendant August 16th, 1836 ; submitted to the determination of the court upon a statement of facts.
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Writ of entry, upon a mortgage, executed by the defendant August 16th, 1836 ; submitted to the determination of the court upon a statement of facts. The mortgage contained a condition in these words, viz.: “ Provided, nevertheless, that this deed is upon this condition, that if the said Willard, his heirs, executors or administrators, shall well and truly pay, or cause to be paid, to said bank, its successors or assigns, the sum of f>5000, on or before the 16th day of August, 1838, then this deed, and also a certain bond, or obligation, of even date herewith, given by said Willard to said…
1Opinion of the CourtParker, C. J.
The deed in this case purports to contain a condition for the payment of the sum of $5-000; and is, according to the literal terms of the condition, a mortgage to secure that sum. But the condition provides that on the payment of said sum of $5'000, the deed, and also a bond of the same date, in the penal sum of $5-000, shall both be void. The natural inference is, that the mortgage was taken as a security for the penal sum of the bond, and intended to ensure the fulfilment of the stipulations contained in the condition of the bond; and it is conceded that such is the case. The sum of $5-000,…
2Cases cited1 opinion
- Elliot v. SleeperSuperior Court of New Hampshire · 1823
3Cited by4 opinions
- Leroux v. Bank of New Hampshire, N.A.Supreme Court of New Hampshire · 1989
- Williams v. LittleSuperior Court of New Hampshire · 1841
- Chapman v. JenkinsNew York Supreme Court · 1857
- Benton v. SumnerSupreme Court of New Hampshire · 1876