Chellis v. Stearns
Superior Court of New Hampshire
Trespass, for breaking and entering^ the plaintiff’s building, &c., and breaking, cutting, &c., from said building, and carrying away and converting to his own use, articles^ affixed thereto, to wit, one trip-hammer, one press-punch, &e. The general issue was pleaded, with a brief statement, that the building, &c.,in which, &c., was and is the soil and freehold of Stearns, &c.
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Trespass, for breaking and entering^ the plaintiff’s building, &c., and breaking, cutting, &c., from said building, and carrying away and converting to his own use, articles^ affixed thereto, to wit, one trip-hammer, one press-punch, &e. The general issue was pleaded, with a brief statement, that the building, &c.,in which, &c., was and is the soil and freehold of Stearns, &c. The plaintiff introduced evidence tending to prove the trespasses alleged; and the defendants then produced in evidence a deed of mortgage, made to them by the plaintiff, dated April 24, 1849, conveying the premises in…
1Opinion of the CourtBell, J.
It is well settled, that as between third persons and either the mortgagor or the mortgagee, or those who represent them, the mortgage is considered merely as a security. The mortgagor and his representatives, (so long as they retain the possession,) are regarded as the owners, and the mortgagee, out of possession, is taken to have a mere lien upon the property for the security of his debt. Southern v. Mendum, 5 N. H. Rep. 429; Glass v. Ellison, 9 N. H. Rep. 69 ; Smith v. Moore, 11 N. H. Rep. 61; Ellison v. Daniels, 11 N. H. Rep. 274. But as between the mortgagor and mortgagee, the mortgage…
2Cases cited13 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Glass v. EllisonSuperior Court of New Hampshire · 1837
- Brown v. CramSuperior Court of New Hampshire · 1818
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3Cited by1 opinion
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881