Kimball v. Fenner
Superior Court of New Hampshire
Whit of ENTRY, to recover a tract of land in Dover. The land in question was formerly owned by Elhanan W. Fen-ner, who on the 25th of January, 1835, mortgaged it to Winthrop Adams and Solomon Jetmess.
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Whit of ENTRY, to recover a tract of land in Dover. The land in question was formerly owned by Elhanan W. Fen-ner, who on the 25th of January, 1835, mortgaged it to Winthrop Adams and Solomon Jetmess. The plaintiffs offered in evidence a writ of attachment, in their favor, against said B. W. Fenner and William B. Wig-gin, partners under the firm of Fenner & Wiggin, dated May 1, 1837, founded on two notes from them to the plaintiffs, one dated the 14th of June, 1833, and the other on the 5th of Sept., 1833 ; on which writ all the right and interest of said E. W. Fenner, in the land in…
1Opinion of the CourtParker, C. J.
The plaintiffs introduced evidence that E. W. Fenner, prior to the 25th of Jan., 1835, was the owner of the premises in question ; that, being in 1833, and up to the 1st of May. 1837, indebted to them, as one of the firm of Fenner & Wiggin, they on that day caused the premises to be attached, recovered judgment and sold the equity of redemption on their execution, admitting that the premises were duly mortgaged, on the 25th of Jan. 1835, to Smith & Jenness. These proceedings show a title in the plaintiffs, against E. W. Fenner, and against all other persons except those claiming under the…
2Cases cited4 opinions
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Smith v. LowellSuperior Court of New Hampshire · 1832
- Morse v. ShattuckSuperior Court of New Hampshire · 1827
- Smith v. SmithSuperior Court of New Hampshire · 1841
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