Tucker v. Tilton
Supreme Court of New Hampshire
This cause — Betsy Tucker, administrator, against Samuel J. Tilton— was referred under the provisions of the judiciary act of 1874. The referee reported his conclusions of facts and law as follows: This is an action of trespass for taking fifteen tons of hay. The plea is the general issue, and a brief statement justifying the taking by the defendant, as a deputy sheriff, upon a writ of attachment.
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This cause — Betsy Tucker, administrator, against Samuel J. Tilton— was referred under the provisions of the judiciary act of 1874. The referee reported his conclusions of facts and law as follows: This is an action of trespass for taking fifteen tons of hay. The plea is the general issue, and a brief statement justifying the taking by the defendant, as a deputy sheriff, upon a writ of attachment. The referee found the following facts to be proven: Daniel M. Sargent, then and now residing in Tilton, being justly indebted to the plaintiff in about the sum of $350 upon a note for $538, dated…
1Concurrence
There was no defect in the mortgage, or want of formality in its execution. I do not see, therefore, as the cases of Hill v. Gilman,39 N.H. 88, and Gooding v. Riley, 50 N.H. 400, have any very direct application. The only question is as to the effect of actual knowledge by the defendant of an unrecorded deed. The general rule, that one attempting to set up a title against such deed is affected by actual knowledge of its existence, in the same way and to the same extent as he would have been by its record, is perfectly well settled and familiar.
The referee seems to have made a distinction…
2Cases cited2 opinions
- Gooding v. RileySupreme Court of New Hampshire · 1870
- Hill v. GilmanSupreme Court of New Hampshire · 1859