Perley v. Woodbury
Supreme Court of New Hampshire
Writ oe Entry, to foreclose a mortgage. Plea, the general issue. Trial by the court and verdict for the plaintiff. Transferred from the May term, 1910, of the superior court by Plummer, J. The mortgage is as follows: “Know all men by these presents, that I, Charles L. Woodbury of Enfield, county of Grafton and state of New Hampshire, and Harriet M. Woodbury, wife of said Charles L. Woodbury, for and in consideration of the sum of....., to us in hand before the delivery…
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Writ oe Entry, to foreclose a mortgage. Plea, the general issue. Trial by the court and verdict for the plaintiff. Transferred from the May term, 1910, of the superior court by Plummer, J. The mortgage is as follows: “Know all men by these presents, that I, Charles L. Woodbury of Enfield, county of Grafton and state of New Hampshire, and Harriet M. Woodbury, wife of said Charles L. Woodbury, for and in consideration of the sum of....., to us in hand before the delivery hereof well and truly paid by Joseph B. Perley of Enfield, county of Grafton, state of New Hampshire, the receipt whereof we…
1Opinion of the CourtBingham, J.
The principal questions in this case arise on the defendants' motion.to have the judgment of foreclosure made subject to a homestead right in the defendants and their minor children. Their contention is (1) that a deed or mortgage, in order to convey or release a homestead right under our statute, in addition to being properly signed, sealed, witnessed, and acknowledged, must include a clause specifically conveying or releasing that right; and (2) if such a clause is not necessary, the deed should employ general terms clearly importing that it was the intention of the grantors to convey or…
2Cases cited9 opinions
- Wing v. HaydenCourt of Appeals of Kentucky · 1874
- Forsyth v. Preer, Illges & Co.Supreme Court of Alabama · 1878
- Babcock v. HoeySupreme Court of Iowa · 1860
- Poole v. GerrardCalifornia Supreme Court · 1856
- Hayden v. Robinson & Co.Court of Appeals of Kentucky · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Thompson v. MarlinSupreme Court of Oklahoma · 1926
- Verdolino v. AndersonDistrict Court, D. New Hampshire · 1998
- Verdolino v. AndersonDistrict Court, D. New Hampshire · 1998