Legal Opinion

Marston v. Osgood

Supreme Court of New Hampshire

Decided December 5, 1896PublishedCited by 3 opinions

1Opinion of the CourtCarpenter, C. J.

The levying creditor’s conveyance of the-land with -warranty was competent and sufficient evidence of his acceptance of seizin.

The defendant was in equity entitled to a conveyance upon the performance of his part of the contract. He owned an interest in the land. P. S., c. 233, s. 19; Edgerly v. Sanborn, 6 N. H. 397, 399. Of this interest his possession of the premises was-constructive notice. Pritchard v. Brown, 4 N. H. 397; Cutting v. Pike, 21 N. H. 347. His equitable right to a conveyance was not affected by the levy. Under it the creditor took the legal estate, subject to the equitable…

2Cited by3 opinions

  1. Reid v. GormanSouth Dakota Supreme Court · 1916
  2. Lambert v. AllardSupreme Judicial Court of Maine · 1927
  3. In re PeasleyDistrict Court, D. New Hampshire · 1905

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