Robbins v. Eaton
Superior Court of New Hampshire
Writ or entry, in which the plaintiff demanded the south half of two lots of land, in Bethlehem, in the county of Grafton, numbered six and seven, in the first range, in the second and third sale. The defendant plead nul disseizin. On trial it appeared, that on the 29th day of January, 1833, one David Harvey conveyed the demanded premises to the defendant, and at the same time the defendant mortgaged back the property to Harvey, to secure the payment of the purchase money.
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Writ or entry, in which the plaintiff demanded the south half of two lots of land, in Bethlehem, in the county of Grafton, numbered six and seven, in the first range, in the second and third sale. The defendant plead nul disseizin. On trial it appeared, that on the 29th day of January, 1833, one David Harvey conveyed the demanded premises to the defendant, and at the same time the defendant mortgaged back the property to Harvey, to secure the payment of the purchase money. The mortgage, together with the notes described in the condition, were duly assigned to the de-mandant, and are still…
1Opinion of the CourtUpham, J.
In this case, the defendant having received the deed from David Harvey when a minor, the conveyance to him is voidable on his arriving of age.
If at such time the defendant claims to hold the land, he affirms the deed from David Harvey to him; and if a mortgage back of the land was made at the time of the purchase, it being one and the same transaction, it affirms the mortgage, 1 N. H. Rep. 73, Roberts vs. Wiggin; 6 Greenl. R. 89, Dana vs. Coombs.
If, however, the conveyances were not one and the Same transaction ; if the defendant purchased the land of Harvey, and paid a consideration for it,…
2Cases cited3 opinions
- President, Directors, & Co. v. ChamberlinMassachusetts Supreme Judicial Court · 1818
- Roberts v. WigginSuperior Court of New Hampshire · 1817
- Hale v. GerrishSuperior Court of New Hampshire · 1836
3Cited by1 opinion
- Butto v. Central Finance Co.Louisiana Court of Appeal · 1954