Largey v. Taylor
Supreme Court of New Hampshire
Bill in Equity, for an injunction, filed February 18, 1907. Facts found, and case transferred from the September term, 1908, of the superior court, by Ohamierlin, J. February 16, 1906, the defendant held a mortgage upon land and buildings in Jefferson, given by the plaintiff to secure the payment of a note which was then overdue, and on that day her duly authorized agent entered upon the premises in the presence of a witness for the purpose of foreclosing the mortgage.
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Bill in Equity, for an injunction, filed February 18, 1907. Facts found, and case transferred from the September term, 1908, of the superior court, by Ohamierlin, J. February 16, 1906, the defendant held a mortgage upon land and buildings in Jefferson, given by the plaintiff to secure the payment of a note which was then overdue, and on that day her duly authorized agent entered upon the premises in the presence of a witness for the purpose of foreclosing the mortgage. Finding the doors of the house and barn locked, he went upon the piazza of the house and there publicly announced that he…
1Opinion of the Court
Parsons,'C. J.
More than one witness to an entry for condition broken is unnecessary. Thompson v. Ela, 58 N. H. 490, 493. Section 16, chapter 139, Public Statutes, simply provides an additional method by which evidence of entry, possession, and publication may be preserved. Farrar v. Fessenden, 39 N. H. 268; Wendell v. Abbott, 43 N. H. 68, 73. But for the statute, proof of these facts could only be made pursuant to the rules of the common law. Seely v. Insurance Co., 72 N. H. 49, 55-57.
The mortgagee’s entry was without force or violence and was unopposed. The possession so taken was not…
2Cases cited2 opinions
- Fletcher v. CaryMassachusetts Supreme Judicial Court · 1870
- Thompson v. KenyonMassachusetts Supreme Judicial Court · 1868
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