Prescott v. Jenness
Supreme Court of New Hampshire
Bill in Equity, for specific performance and an accounting. Facts found by a master. Transferred without a ruling from the ■October term, 1912, of the superior court by Mitchell, J. In 1905, the plaintiff as owner of the land in controversy erected certain buildings thereon, including a water-tower and tank which were used in connection with a system of pipes to supply water to a large number of houses in the vicinity.
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Bill in Equity, for specific performance and an accounting. Facts found by a master. Transferred without a ruling from the ■October term, 1912, of the superior court by Mitchell, J. In 1905, the plaintiff as owner of the land in controversy erected certain buildings thereon, including a water-tower and tank which were used in connection with a system of pipes to supply water to a large number of houses in the vicinity. The pumps used to fill the t,fl.uk with water were operated by a windmill located on the land, supplemented by a gasoline engine located in a building adjacent to the…
1Opinion of the CourtWalker, J.
The bank extended the time of redemption after the foreclosure proceedings were completed. Prescott by paying the amount due on the mortgage could have redeemed the land, and his title would have been freed from the mortgage lien. In consequence of the offer of the bank to reopen Prescott's foreclosed right of redemption, he had made an arrangement with Hill by which Hill was to pay the bank the amount of its claim and receive an assignment of the mortgage. If this arrangement had been carried out, Hill would have been in effect the mortgagee, holding the land subject to the right of Prescott…
2Cases cited8 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Overholser v. ClarkTennessee Supreme Court · 1850
- Parker v. CatronCourt of Appeals of Kentucky · 1905
- Cutler v. BabcockWisconsin Supreme Court · 1892
- Fishback v. GreenCourt of Appeals of Kentucky · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re BeemanUnited States Bankruptcy Court, D. New Hampshire · 1999
- French v. Pearson A.Supreme Court of New Hampshire · 1946
- Abbott v. AbbottSupreme Court of New Hampshire · 1916
- Hatch v. RideoutSupreme Court of New Hampshire · 1949