Perkins v. Eaton
Supreme Court of New Hampshire
Weu oe Entry, on a mortgage of an undivided half of land and buildings in Pittsfield, executed by Joseph H. Eastman to John C. Perkins, the demandant’s intestate, July 25,1857, to secure a note for $225, dated November 12, 1851, payable on demand. Pleas, nul disseizin and the statute of limitations.
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Weu oe Entry, on a mortgage of an undivided half of land and buildings in Pittsfield, executed by Joseph H. Eastman to John C. Perkins, the demandant’s intestate, July 25,1857, to secure a note for $225, dated November 12, 1851, payable on demand. Pleas, nul disseizin and the statute of limitations. Subject to exception, the demandant was-permitted to testify to a conversation he heard between Eastman and his intestate in 1869, in which the former said he had lost the mortgage note; to which Eastman replied, “Your mortgage is all right: it is on record, and you can have possession at any…
1Opinion of the CourtSmith, J.
Upon the execution of the mortgage, the seizin as well as the title of the demanded premises vested in the demand-ant’s intestate, who acquired and remained in constructive possession of the same until his death, unless the defendant’s occupation assumed an adverse character by some unequivocal act distinctly brought to his knowledge. After the title became vested in the mortgagee, the mortgagor’s possession was that of a tenant at will or at sufferance, or analogous to it; and the mortgagee’s right to recover possession first accrued when the demandant, as his legal representative, by…
2Cases cited2 opinions
- Thompson v. GerrishSupreme Court of New Hampshire · 1876
- Clough v. RoweSupreme Court of New Hampshire · 1885
3Cited by4 opinions
- Newman v. ShellySupreme Court of Louisiana · 1884
- Walker v. ChessmanSupreme Court of New Hampshire · 1908
- Levensaler v. BatchelderSupreme Court of New Hampshire · 1929
- Sémère v. SémèreSupreme Court of Louisiana · 1856