Winkley v. Hill
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Strafford, in this county, and was tried at January term, 1837, upon the general issue, and a verdict taken by consent for the demandant, subject to the opinion of the court upon the following case. For many years previous to the year 1834, A. N. Hill had been in possession of the demanded premises.
Read the full summary
This was a writ of entry, brought to recover a tract of land in Strafford, in this county, and was tried at January term, 1837, upon the general issue, and a verdict taken by consent for the demandant, subject to the opinion of the court upon the following case. For many years previous to the year 1834, A. N. Hill had been in possession of the demanded premises. At December term of the superior court, in this county, 1833, the demandant recovered judgment against the said A. N. Hill, for $14.62 debt, and $160.43 costs ol suit; and ou the 9th April, 1834, caused an execution which had issued…
1Opinion of the CourtRichardson, C. J.
The conveyance by A. N. Hill to the tenant was absolute on the face of the deed ; but the understanding of the parties to it was, that it should be a mere security for the repayment of the consideration named in the instrument, a mortgage in its real nature, provided A. N. Hill should choose so to consider it. It was, then, a conveyance absolute in its terms, but attended with a secret trust that the grantor should have the land again, on repayment of the money he had received. The question is, whether such a conveyance is valid against the creditors of the grantor ? This question has been…
2Cited by2 opinions
- Smith v. SmithSuperior Court of New Hampshire · 1841
- Tifft v. WalkerSuperior Court of New Hampshire · 1839