Buffum v. Green
Superior Court of New Hampshire
This was a writ of entry, in which the demandant counted upon his own seizin, of a tract of land in West-moreland, in this county, and upon a disseizin by the tenant.
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This was a writ of entry, in which the demandant counted upon his own seizin, of a tract of land in West-moreland, in this county, and upon a disseizin by the tenant. The cause was tried here upon the general issue, at October term, 1828, and a verdict taken by com sent for the demandant, subject to the opinion of the court upon the following case. •Both parties derived their titles from D. D- who was agreed to have been formerly lawfully seized of the demanded premises in fee simple. The demandant, having sued out a writ in his own name against D. D. in which.he declared upon a note dated…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J. ,
It is very clear, that an insolvent debtor may give a preference to one creditor by paying his debt in full, *80to the exclusion of all the rest of the creditors, provided it be done with good faith. Indeed, it would be strange, if this could not be lawfully done in this state, where a creditor may by attaching all the property of his debtor secure the payment of his debt to the exclusion of all the other creditors. The cases, to which we have been referred by the counsel of the tenants, are directly in point, and we do not understand…
2Cases cited3 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
3Cited by3 opinions
- Haseltine v. GuildSuperior Court of New Hampshire · 1840
- Peavey v. TiltonSuperior Court of New Hampshire · 1846
- Quimby v. StebbinsSupreme Court of New Hampshire · 1875