Legal Opinion

Marston v. Brackett

Superior Court of New Hampshire

Decided December 15, 1838PublishedCited by 11 opinions

In Chancery—for relief against a fraudulent mortgage. The allegations in the bill were, that one John P. Marston conveyed the premises to the plaintiff, Samuel P. Marston, October 13, 1829, for which the plaintiff then paid #400, and that the remainder of the purchase money, being $>500, was not then paid, on account of a claim made on the premises by one Thomas Marston—that the plaintiff, having been absent in the West-Indies from October, 1829, to July, 1834, on the 9th of…

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In Chancery—for relief against a fraudulent mortgage. The allegations in the bill were, that one John P. Marston conveyed the premises to the plaintiff, Samuel P. Marston, October 13, 1829, for which the plaintiff then paid #400, and that the remainder of the purchase money, being $>500, was not then paid, on account of a claim made on the premises by one Thomas Marston—that the plaintiff, having been absent in the West-Indies from October, 1829, to July, 1834, on the 9th of September, 1834, adjusted said claim, and paid Thomas Marston $600, being the principal and interest of his claim—that…

1Opinion of the Court

The opinion of the court upon the several motions and questions raised in the case, was delivered by—

Parkek, C. J.

The motion to suppress the testimony taken in this case cannot prevail. The statute, in enacting that the proceedings to be had, in pursuance of the provisions conferring chancery jurisdiction, should be in conformity with the usual practice of courts of chancery in like cases, did not intend to regulate a mere matter of practice, of the character of the one now in question, but to provide that the proceedings should be by bill and answer, decree, &e., and on the principles of…

2Cases cited9 opinions

  1. Beekman v. FrostNew York Supreme Court · 1820
  2. Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
  3. Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
  4. Rogers v. JonesSuperior Court of New Hampshire · 1836
  5. Bryant v. RitterbushSuperior Court of New Hampshire · 1820

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Copp v. HennikerSupreme Court of New Hampshire · 1875
  2. Thompson v. SanbornSuperior Court of New Hampshire · 1840
  3. Odiorne v. HowardSuperior Court of New Hampshire · 1839
  4. Haines v. DennettSuperior Court of New Hampshire · 1840
  5. Hoitt v. BurleighSuperior Court of New Hampshire · 1846

6 more not listed; retrieve them via the Exa API.

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