Downer v. Clement
Superior Court of New Hampshire
Bum in Equity, to redeem certain mortgaged premises. The case was submitted to the decision of the court upon the following facts. On the 17th day of December, 1827, Miles Randall, being seized in fee of the premises, mortgaged them to Rebecca and Sally Davis, to secure the payment of three notes payable to said Rebecca, and one note payable to said Sally.
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Bum in Equity, to redeem certain mortgaged premises. The case was submitted to the decision of the court upon the following facts. On the 17th day of December, 1827, Miles Randall, being seized in fee of the premises, mortgaged them to Rebecca and Sally Davis, to secure the payment of three notes payable to said Rebecca, and one note payable to said Sally. Af-terwards, on the same day, he mortgaged the same premises to one John L. Davis, to secure the payment of three other notes. On the 7th day of February, 1834, Davis transferred his notes and mortgage to the plaintiff. On the 10th day of…
1Opinion of the CourtGilchrist, J.
If this case were to be decided independently of the statute and decisions of this state, and upon general principles, recognized as applicable to cases of this character, we should undoubtedly hold that this plaintiff is entitled to redeem. The doctrine as to the necessity of notice by the party attempting to foreclose, to all those whose interests may be affected by the foreclosure, is well settled and acted upon elsewhere.
All incumbrancers existing at the commencement of the suit, are entitled to become parties ; for they have an interest to be affected, and ought to have an opportunity of…
2Cases cited2 opinions
- Kittredge v. BellowsSuperior Court of New Hampshire · 1828
- Gilman v. HiddenSuperior Court of New Hampshire · 1829