Thompson v. Currier
Supreme Court of New Hampshire
Bile in Equity. Facts found by a referee. August 1,1893, the defendant Currier, having recovered a judgment against Samuel W. Thompson, caused the execution to be levied upon Thompson’s equity of redemption in Pinkham’s Grant, which the sheriff sold to Currier and Pease. December 1, 1893, Currier and Pease filed a bill in equity against Thompson and his wife Eliza, and others, for an injunction to restrain them from cutting timber on the land and for other relief.
Read the full summary
Bile in Equity. Facts found by a referee. August 1,1893, the defendant Currier, having recovered a judgment against Samuel W. Thompson, caused the execution to be levied upon Thompson’s equity of redemption in Pinkham’s Grant, which the sheriff sold to Currier and Pease. December 1, 1893, Currier and Pease filed a bill in equity against Thompson and his wife Eliza, and others, for an injunction to restrain them from cutting timber on the land and for other relief. In their answer, filed March 27, 1894, Thompson and his wife set up a title in the wife. Thompson died April 14, 1894. In…
1Opinion of the CourtPeaslee, J.
The sheriff’s sale of 1893 was voidable because of the erroneous statement of the incumbrances upon the property sold. Pearson v. Gooch, 69 N. H. 208; Bickford v. Poor, 68 N. H. 443. Supposing that it was a valid sale, and not being in fault for so understanding, the plaintiffs made the settlement of 1895, whereby, for a small sum, they unintentionally parted with what proves to be a valuable interest. They did not intend to sell, nor Currier to buy, the interest conveyed, for all supposed it was already owned by Currier. Upon the discovery of the facts they brought this bill, asking to be…
2Cases cited1 opinion
- Grimes v. SandersSupreme Court of the United States · 1876
3Cited by4 opinions
- Hoppin v. LongMontana Supreme Court · 1925
- Hassberger v. General Builders' Supply Co.Michigan Supreme Court · 1921
- Lyon v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1914
- Eastern Electric Supply Co. v. EkdahlSupreme Court of New Hampshire · 1930