Butler v. Morse
Supreme Court of New Hampshire
Petition, to vacate a decree entered at tlie October term, 1889, for the foreclosure of a mortgage. January 28,1882, Moody Morse conveyed to George C. Butler a tract of land in Londonderry (called the Barker farm). Butler gave his promissory note for $1,700 in payment for the farm, payable to Sarah H. Morse, Alice D. Morse, and Abby A. Morse, daughters of Moody Morse, on. demand with interest annually, and secured the same by a mortgage to them upon the premises, also upon a…
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Petition, to vacate a decree entered at tlie October term, 1889, for the foreclosure of a mortgage. January 28,1882, Moody Morse conveyed to George C. Butler a tract of land in Londonderry (called the Barker farm). Butler gave his promissory note for $1,700 in payment for the farm, payable to Sarah H. Morse, Alice D. Morse, and Abby A. Morse, daughters of Moody Morse, on. demand with interest annually, and secured the same by a mortgage to them upon the premises, also upon a tract of forty acres in Windham, reserving “ the right to cut and carry off the wood and lumber growing on the north…
1Opinion of the CourtBlodgett, J.
The reported facts do not make a case such as entitles the petitioner to the relief which he asks. Relief against judgments of record upon the ground of accident or mistake is ■confined to those cases in which negligence is not properly imputable to the"applicant or his agents. Wingate v. Haywood, 40 N. H. 437; Bergeron v. Dartmouth Savings Bank, 62 N. H. 655, and authorities cited. This is not such a case. The only accident or mistake relied upon for vacating the decree and judgment of foreelosure is the neglect of the petitioner’s counsel in that suit to file an answer setting up the…
2Cases cited10 opinions
- Chambers v. HodgesTexas Supreme Court · 1859
- Allen v. McCallaSupreme Court of Iowa · 1868
- Sampson v. OhleyerCalifornia Supreme Court · 1863
- Pepper & Co. v. GeorgeSupreme Court of Alabama · 1874
- Shricker v. FieldSupreme Court of Iowa · 1859
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3Cited by6 opinions
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Simon v. FlowersSupreme Court of South Carolina · 1957
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Griffith v. Investment Co., a Corp.Supreme Court of Florida · 1926
- Strickland v. RabonSupreme Court of South Carolina · 1959
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