Clark v. Clark
Supreme Court of New Hampshire
Bill in Equity, to foreclose two mortgages of land in Enfield and Canaan in this county. Facts found by a referee. The plaintiffs are Eliza H. Clark, and her daughter, Clara E. Mathews. The defendants are George W. Clark (husband of the plaintiff Eliza H., and father of 'Mrs. Mathews), Daniel Tilden, and James G. Ticknor, assignee in bankruptcy of Geo. W. Clark, the last two having been joined as defendants by amendment since the original bill was filed.
Read the full summary
Bill in Equity, to foreclose two mortgages of land in Enfield and Canaan in this county. Facts found by a referee. The plaintiffs are Eliza H. Clark, and her daughter, Clara E. Mathews. The defendants are George W. Clark (husband of the plaintiff Eliza H., and father of 'Mrs. Mathews), Daniel Tilden, and James G. Ticknor, assignee in bankruptcy of Geo. W. Clark, the last two having been joined as defendants by amendment since the original bill was filed. The case is the same heretofore heard by the court upon demurrer to the bill, and reported in 56 N. H. 105. The following facts are reported…
1Opinion of the CourtClark, J.
The case is relieved of some intricacy by first considering the relative rights of the plaintiffs and the defendant Tilden. In a former opinion (56 N. H. 105) it was decided that the plaintiffs can maintain the bill. Their title to the mortgages sought to be foreclosed is derived by gift from Samuel H. Clark, tbe mortgagee. They are devisees under his will, and as such they now hold the mortgages and notes subject to any defence that might be made to them in the hands of the mortgagee. They are not holders for value, within the meaning of that term, as excluding equities between original…
2Cases cited1 opinion
- Hannan v. HannanMassachusetts Supreme Judicial Court · 1877
3Cited by2 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Hickey v. DoleSupreme Court of New Hampshire · 1891