Prescott v. Hayes
Supreme Court of New Hampshire
Writ oe Entry. The plaintiff made title under an extent upon the demanded premises on an execution issued on a judgment recovered against George Hayes, March term, 1857. He put in evidence the judgment, and the note on which it was founded, dated July 6, 1855, and signed by George Hayes. An attachment. was made in that suit, October 9,1855, of the demanded premises.
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Writ oe Entry. The plaintiff made title under an extent upon the demanded premises on an execution issued on a judgment recovered against George Hayes, March term, 1857. He put in evidence the judgment, and the note on which it was founded, dated July 6, 1855, and signed by George Hayes. An attachment. was made in that suit, October 9,1855, of the demanded premises. The defendant then proved a mortgage from George to himself of the same premises, executed October 5, 1855, to secare a note of even date for $>2,550, payable to the defendant, or order, in three years, with interest, signed by…
1Opinion of the Court
Bell, C. J.*
The ordinary rule in the construction of deeds, so often discussed in our Reports, applies to the description of the note in the mortgage of the defendant. If, upon the consideration of the whole deed and the accompanying circumstances, the intention is apparent, any error in the details or particulars of the description will be disregarded. Johnson v. Simpson, 36 N. H. 94, &c. And this rule has been held to apply equally to the description of other instruments in a deed, as to the description of persons or property. Emerson v. White, 29 N. H. 499. This rule has been repeatedly…
2Cases cited3 opinions
- Middlesex Turnpike Corp. v. SwanMassachusetts Supreme Judicial Court · 1813
- Wason v. RoweSupreme Court of Vermont · 1844
- Guptill v. DamonSupreme Judicial Court of Maine · 1856
3Cited by2 opinions
- Fletcher v. ThompsonSupreme Court of New Hampshire · 1875
- King v. HopkinsSupreme Court of New Hampshire · 1876