Hall v. Hall
Supreme Court of New Hampshire
Probate Appeal. Facts agreed. The plaintiff, widow of Dyer P. Hall, was married to him August 15, 1883. Before the marriage Dyer gave a note for $1,450 and a deed of a tract of land to Deborah Felker, who, at the same time, gave him a bond to re-convey upon payment of the note. Dyer continued in possession of the land until his death. His administrator paid the note, and thereupon Deborah conveyed the land to him for the benefit of the estate.
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Probate Appeal. Facts agreed. The plaintiff, widow of Dyer P. Hall, was married to him August 15, 1883. Before the marriage Dyer gave a note for $1,450 and a deed of a tract of land to Deborah Felker, who, at the same time, gave him a bond to re-convey upon payment of the note. Dyer continued in possession of the land until his death. His administrator paid the note, and thereupon Deborah conveyed the land to him for the benefit of the estate. The plaintiff claims clower in the land.
1Opinion of the CourtPeaslee, J.
The deed to Deborah Felker, being accompanied by a secret trust, was voidable as to the grantor’s creditors (Stratton v. Putney, 63 N. H. 577); but as between the parties it was a valid contract. Esty v. Long, 41 N. H. 103. The parties intended that the deed and bond should operate only as security. While no other inference can be drawn from their acts, yet the transaction cannot be treated as a mortgage because of the prohibition of the statute. P. S., c. 139, ss. 1, 2; Tifft v. Walker, 10 N. H. 150; Gordon v. Gordon, 54 N. H. 152. Hall had a right to a conveyance upon the performance of…
2Cases cited4 opinions
- Vandewalker v. RollinsSupreme Court of New Hampshire · 1885
- Stratton v. PutneySupreme Court of New Hampshire · 1885
- Hallett v. ParkerSupreme Court of New Hampshire · 1896
- Hunkins v. HunkinsSupreme Court of New Hampshire · 1889
3Cited by3 opinions
- Belisle v. BelisleSupreme Court of New Hampshire · 1937
- Stockwell v. StockwellSupreme Court of New Hampshire · 1903
- Smith v. SmithSupreme Court of New Hampshire · 1926