Fellows v. Fellows
Supreme Court of New Hampshire
Is Equity. The first suit is a bill praying that a certain mortgage, dated April 2, 1883, securing a note for $1,000 payable on demand, with interest annually, to Horace Childs, be declared null aud void, and alleging a tender of the amount due. The second suit is a bill to foreclose a mortgage of the same premises, dated March 31, 1870, running from James Fellows to Stevens Fellows.
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Is Equity. The first suit is a bill praying that a certain mortgage, dated April 2, 1883, securing a note for $1,000 payable on demand, with interest annually, to Horace Childs, be declared null aud void, and alleging a tender of the amount due. The second suit is a bill to foreclose a mortgage of the same premises, dated March 31, 1870, running from James Fellows to Stevens Fellows. The following findings of fact were made : The plaintiffs in the first suit are grandchildren of Stevens and Miriam Fellows and children of James and Jane Felloivs. March 31, 1870, the children of Stevens aud…
1Opinion of the CourtParsons, J.
March 31, 1870, Stevens Fellows and wife conveyed to James Fellows, their son, real and personal property exceeding $4,000 in value, and James executed and delivered to Stevens a bond for the support of Stevens and wife and to “ pay as soon as convenient after their decease ” to Susan Hardy and Betsey Scribner, or their heirs, the sum of $600. Susan and Betsey, the remaining children of Stevens, were informed of this provision. This bond was secured by a real estate mortgage from James and wife to Stevens. Stevens and wife are.both dead, and the material question in the case is whether a.…
2Cases cited9 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Cunningham v. . DavenportNew York Court of Appeals · 1895
- McPherson v. . RollinsNew York Court of Appeals · 1887
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3Cited by1 opinion
- Fernald v. FernaldSupreme Court of New Hampshire · 1921