Clark v. Hobbs
Superior Court of New Hampshire
Writ of entry, to recover divers lots of land situate in North Hampton. The plaintiff claimed title under a mortgage from Simon Dearborn, to himself, bearing date August 22, 1818, the condition of which was to pay $675, on demand, with interest.
Read the full summary
Writ of entry, to recover divers lots of land situate in North Hampton. The plaintiff claimed title under a mortgage from Simon Dearborn, to himself, bearing date August 22, 1818, the condition of which was to pay $675, on demand, with interest. The defendant derived his title under a mortgage from Simon Dearborn to the Phillips Exeter Academy, dated July 8, 1818, duly acknowledged and recorded the same day, with a condition to pay $Í468, on demand, with interest, agreeably to a note of that date ; and a judgment on said mortgage, recovered September term, 1822, upon which a writ of…
1Opinion of the CourtParker, C. J.
Both parties claim title under Simon Dear-born, who was formerly the owner of the demanded premises.
On the 8th of July, 1818, he mortgaged to the Phillips Exeter Academy, with a condition for the payment of a note for $1468, on demand, and interest.
On the 22d of August, 1818, he mortgaged to the plaintiff, to secure another note.
The Academy recovered judgment September T., 1822, as of mortgage. A writ of possession was executed November 30th, 1822, and the mortgagees remained in the peaceable possession of the premises until July 10, 1826, when they conveyed their interest, by quitclaim, to…
2Cases cited1 opinion
- Kittredge v. BellowsSuperior Court of New Hampshire · 1828