Lovell v. Osgood
Supreme Court of New Hampshire
TiiOVKli. Facts found by a referee. The defendant claimed title to the property,,as assignee of one K. by virtue of a mortgage from one S., dated January ¿6,1876. The plaintiff’s title is under a mortgage from S. subsequent to that date. The oath to the mortgage to K. was subscribed and sworn to b)^ both parties, and the mortgage was for a good consideration.
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TiiOVKli. Facts found by a referee. The defendant claimed title to the property,,as assignee of one K. by virtue of a mortgage from one S., dated January ¿6,1876. The plaintiff’s title is under a mortgage from S. subsequent to that date. The oath to the mortgage to K. was subscribed and sworn to b)^ both parties, and the mortgage was for a good consideration. The mortgage and record showed that it was sworn to by the mortgagor, but neither the mortgage nor the record showed that it was sworn to by the mortgagee, and the plaintiff had no knowledge that it was sworn to by him. The plaintiff’s…
1Opinion of the CourtClark, J.
The certificate of the justice who administered the oath to the mortgagee was not made upon or appended to and recorded with the mortgage under which the defendant claims (Gen. Stats., a. 123, s. 10) ; and not being executed according to the statute it was not entitled to registration, and the record was inoperative as constructive notice to the plaintiff. The record of an instrument authorized by law to be recorded is constructive notice of its existence and contents to all parties interested; but the record of an instrument not entitled to registration is not constructive notice. It does…
2Cases cited1 opinion
- De Witt v. MoultonSupreme Judicial Court of Maine · 1840
3Cited by4 opinions
- Amoskeag Bank v. ChagnonSupreme Court of New Hampshire · 1990
- Hodgdon v. LibbySupreme Court of New Hampshire · 1896
- Salvage v. HaydockSupreme Court of New Hampshire · 1896
- Tisdale v. John H. Pray Sons Co.Supreme Court of New Hampshire · 1905