Dodge v. Clark
Supreme Court of New Hampshire
Writ or Entry, on a mortgage dated May 25, 1844, signed by Ezi'a D. Clark, one of tbe defendants, and one H. G-. Eelton, to the plaintiff', to secure their note of the. same date. This mortgage was not signed by .Harriet Clark, the other defendant. Elisha Eelton died forty years ago, leaving his farm to H. G. Eelton, a son, and Harriet Eelton, now Harriet Clark, a daughter, the defendant.
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Writ or Entry, on a mortgage dated May 25, 1844, signed by Ezi'a D. Clark, one of tbe defendants, and one H. G-. Eelton, to the plaintiff', to secure their note of the. same date. This mortgage was not signed by .Harriet Clark, the other defendant. Elisha Eelton died forty years ago, leaving his farm to H. G. Eelton, a son, and Harriet Eelton, now Harriet Clark, a daughter, the defendant. The defendants intermarried about twenty-eight years ago, and resided together upon the farm; said Ezra D. having no other right or title to said farm except such as he had by force of Ms marriage with said…
1Opinion of the CourtBell, C. J.
It may be in general true, that the right of a party to recover is to be determined by the state of facts existing when the action is commenced; but the rule is by no means universally true. There are large numbers of cases where a suit is defeated by subsequent events, though originally well commenced. All cases of pleas puis darrein continuance are of this class. In real actions, of which the action upon a mortgage is an example, the action is defeated by the entry of the demandant upon the mortgaged premises, and taking possession of them. Bailey v. March, 3 N. H. 274; Waldo v. Mitchell,…
2Cases cited2 opinions
- Everenden v. BeaumontMassachusetts Supreme Judicial Court · 1810
- Walcutt v. SpencerMassachusetts Supreme Judicial Court · 1817