Walker v. Chessman
Supreme Court of New Hampshire
Bill in Equity, filed. August, 1907, to redeem from two mortgages. Facts found by the court. Transferred from the December term, 1907, of the superior court by Wallace, C. J. The plaintiffs are the children and heirs-at-law of Annie and Thomas Gorman.
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Bill in Equity, filed. August, 1907, to redeem from two mortgages. Facts found by the court. Transferred from the December term, 1907, of the superior court by Wallace, C. J. The plaintiffs are the children and heirs-at-law of Annie and Thomas Gorman. April 16, 1890, the defendant conveyed to Annie certain real estate in Northumberland, and on that date she, with her husband, executed a mortgage of the premises to secure the payment of $300, the whole or a part of the purchase price. On April 12, 1892, they executed a second mortgage to the defendant to secure the payment of a note for $100.…
1Opinion of the CourtWalker, J.
The plaintiffs are entitled to redeem the land from the mortgages unless it has been foreclosed; and the question presented by the record is, whether the defendant’s possession of the premises for one year, after he was put in possession under legal process, is binding upon the plaintiffs and foreclosed their right to redeem. As they were not parties to the writ of entry, it is not claimed that they were bound by the judgment issued therein; and whether or not they were so bound is not a material question in this case. The judgment did not have the effect of foreclosing the mortgage. The…
2Cases cited4 opinions
- Thompson v. ElaSupreme Court of New Hampshire · 1878
- Perkins v. EatonSupreme Court of New Hampshire · 1887
- Ray v. ScriptureSupreme Court of New Hampshire · 1892
- Thompson v. ParisSupreme Court of New Hampshire · 1885
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