Bailey v. Willard
Superior Court of New Hampshire
Petition to redeem certain lands in Surry which were under mortgage. It appeared, that on the 11th June, 1817, Elijah Fuller being seized of the William Ralston farm, in Surry, conveyed the same to Janette Ralston in fee and in mortgage, to secure the payment of six motes, amounting to $2700. On the 14th June, 1817, said Fuller conveyed the premises described in this petition, being part of the said Ralston farm, to Jonathan Harvey, with warranty.
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Petition to redeem certain lands in Surry which were under mortgage. It appeared, that on the 11th June, 1817, Elijah Fuller being seized of the William Ralston farm, in Surry, conveyed the same to Janette Ralston in fee and in mortgage, to secure the payment of six motes, amounting to $2700. On the 14th June, 1817, said Fuller conveyed the premises described in this petition, being part of the said Ralston farm, to Jonathan Harvey, with warranty. On 12th May, 1820, Fuller conveyed the premises mentioned in this petition, to Jonathan Harvey by deed of quitclaim, and Harvey on the same day…
1Opinion of the Court
Richardson, O. J.,
delivered the opinion of the court.
We shall not stop to enquire whether the amount tendered to Willard was sufficient to discharge the mortgage given by Harvey to Fuller, or whether a tender made by Harvey in his own name could have been adopted by these petitioners so as to enable them to maintain this petition. For, admitting that a sufficient sum was tendered, and that these petitioners might have adopted the tender, we are clearly of opinion, that they were bound to proceed in a reasonable time, and have the question of the sufficiency of the tender settled. The tender…
2Cited by6 opinions
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Deming v. ComingsSuperior Court of New Hampshire · 1841
- Wilson v. KimballSuperior Court of New Hampshire · 1853
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