Gibbs v. Parsons
Supreme Court of New Hampshire
Trover, for a lot of machinery, boxes manufactured and in process of manufacture, stock for ■ boxes, and lumber. The plaintiff claimed title by virtue of two mortgages executed to her by Severance & Co., — one dated December 28, 1883, to'secure a note for $1,815.57, subject to a prior mortgage to one Welch for $257.74; the other dated March 13, 1884, to secure a note for $500. Plea, the general issue, and a brief statement that the defendant, April 30, 1884, was a deputy…
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Trover, for a lot of machinery, boxes manufactured and in process of manufacture, stock for ■ boxes, and lumber. The plaintiff claimed title by virtue of two mortgages executed to her by Severance & Co., — one dated December 28, 1883, to'secure a note for $1,815.57, subject to a prior mortgage to one Welch for $257.74; the other dated March 13, 1884, to secure a note for $500. Plea, the general issue, and a brief statement that the defendant, April 30, 1884, was a deputy sheriff, and as such deputy attached the property sued for on four writs against Severance & Co., and holds the property or…
1Opinion of the CourtBingham, J.
Two of the plaintiff’s mortgages were executed before a justice of the peace in Massachusetts, and the defendant ■objected because the oath was not administered by a justice in this state. * The mortgagor and mortgagee must both make and subscribe the affidavit (G. L., c. 137, s. 6); but the statute does not in terms require the affidavit to be signed, or the oath administered, within the state. A deed of land in this state may be executed and acknowledged in another before a justice of that jurisdiction. The statutory affidavit in a personal property mortgage comes within the same rule if…
2Cases cited2 opinions
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Wilson v. SullivanSupreme Court of New Hampshire · 1878
3Cited by2 opinions
- Spalding v. MerrimackSupreme Court of New Hampshire · 1892
- In re BurrowsDistrict Court, D. Indiana · 1877