Town of Salem v. Edgerly
Supreme Court of New Hampshire
In Equity. The facts, as they appear by the bill and answer, may be thus stated : On and before the 8th of December, 1849, John L. Clindenin was seized in fee of a tract of land in Salem, containing two hundred acres. On that day he executed a mortgage of the whole tract to Betsey Kelly, to secure the payment of four hundred dollars and interest, in one year.
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In Equity. The facts, as they appear by the bill and answer, may be thus stated : On and before the 8th of December, 1849, John L. Clindenin was seized in fee of a tract of land in Salem, containing two hundred acres. On that day he executed a mortgage of the whole tract to Betsey Kelly, to secure the payment of four hundred dollars and interest, in one year. On the 8th of May, 1850, Clindenin conveyed to Benjamin Clarke, in mortgage, the land described in the mortgage to Kelly, except a parcel of about eight acres, to secure twelve hundred dollars and interest, in four months. On the 6th of…
1Opinion of the CourtBell, J.
As the titles to the property stood upon the records on the 6th of April, 1853, the town owning one parcel and Bartlett and Clarke other interests, the town had the right they claim, to pay the Kelly mortgage to the Edgerlys, and to demand an account of the rents and profits, and an assignment of the mortgage. They were not bound to rely upon the talk of Bartlett and the Edgerlys, that they were equally interested in the property. They appeared on the record, as owners of distinct interests, and the town had the right to treat them as such. It was clear they could not redeem the part of the…
2Cases cited6 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Barnes v. BarkerWashington Supreme Court · 1892
- Cherry v. MonroNew York Court of Chancery · 1848
- Osborn v. CarrSupreme Court of Connecticut · 1837
- Chittenden v. BarneySupreme Court of Vermont · 1826
1 more not listed; retrieve them via the Exa API.