Pollard v. Melvin
Superior Court of New Hampshire
Petition to redeem, filed under the provisions of the act of July 3, 1829, prescribing the time and mode of redeeming real estate mortgaged. The petition, which was filed June 13, 1838, set forth, that on the 8th of January, 1835, one David Pollard mortgaged to Abraham Melvin, the respondent, a tract of land in Dor-chester, to secure the payment of several promissory notes, and that on the 19th of July, 1837, Melvin entered into possession of the land.
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Petition to redeem, filed under the provisions of the act of July 3, 1829, prescribing the time and mode of redeeming real estate mortgaged. The petition, which was filed June 13, 1838, set forth, that on the 8th of January, 1835, one David Pollard mortgaged to Abraham Melvin, the respondent, a tract of land in Dor-chester, to secure the payment of several promissory notes, and that on the 19th of July, 1837, Melvin entered into possession of the land. It also set forth that on the 8th of May, 1838, the petitioner became the purchaser of the equity of redemption, at a sheriff’s sale on…
1Opinion of the CourtUpham, J.
The whole question raised in this case is as to the competency of the office copy of the deed offered by the respondent. This evidence was introduced to show a conveyance by the mortgager of his equity of redemption of the land to one Luther Kenney, on the 13th of November, 1837, which was some months prior to the petitioner’s attachment and the sale to him of the equity of redemption of the same on execution. If this evidence of the prior sale was good, the petitioner, under the testimony offered, of course had no right of redemption.
Some authorities have been cited to show that an office…
2Cases cited1 opinion
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
3Cited by6 opinions
- Loomis v. BedelSuperior Court of New Hampshire · 1840
- Homer v. CilleySuperior Court of New Hampshire · 1843
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
- Andrews v. DavisonSuperior Court of New Hampshire · 1845
- Forsaith v. ClarkSuperior Court of New Hampshire · 1850
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