Elliot v. Sleeper
Superior Court of New Hampshire
Where a mortgage was given to secure the payment of a note of hand, and after-wards the note win taken up and a new note given in lieu of it ; it was held that the mortgage was not tlieseby discharged. Where in a deed of conveyance, one, who signs, seals, and delivers the deed, is not named as a grantor, he is still bound as a grantor by the above acts.
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Where a mortgage was given to secure the payment of a note of hand, and after-wards the note win taken up and a new note given in lieu of it ; it was held that the mortgage was not tlieseby discharged. Where in a deed of conveyance, one, who signs, seals, and delivers the deed, is not named as a grantor, he is still bound as a grantor by the above acts. This was a writ of entry, in which the demandant counted upon his own seisin of a tract of land in Chester, in this county, and upon a disseisin by the tenant. The cause was tried here, at September term, 1820, upon the general issue, and a…
1Opinion of the CourtWoodbury, J.
The tenant first objects to a recovery by the demandant on the ground, that the condition ol the mortgage has been fulfilled. 1 N. H. Rep. 335, Swelt vs. Horne et al.—18 John. Rep. 7, 110.-1 Greenl. 261.—17 Mass. Rep. 427.
*527But the condition of the mortgage is, that the conveyance “ remain in full force” till the note is “paid;” and the provision of our statute is, that “ the mortgage shall be utterly void” only in “cases where payment shall be made,” &c. 1 N. H. Laws 196.
These expressions must be construed to mean actual payment, and not a mere renewal of the note, or an accidental destruction…
2Cases cited3 opinions
- Wright v. First Crockery Ware Co.Superior Court of New Hampshire · 1818
- Swett v. HornSuperior Court of New Hampshire · 1818
- Mead v. BillingsNew York Supreme Court · 1813
3Cited by9 opinions
- Strong v. StrongCalifornia Supreme Court · 1943
- New-Hampshire Bank v. WillardSuperior Court of New Hampshire · 1839
- Williams v. LittleSuperior Court of New Hampshire · 1841
- Colby v. EverettSuperior Court of New Hampshire · 1839
- Dennett v. CuttsSuperior Court of New Hampshire · 1840
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