Prescott v. Hates
Supreme Court of New Hampshire
This was a writ of entry, to recover certain land in Rochester, in this county. Plea, the general issue. The facts will appear in the opinion of the court.
1Opinion of the CourtSargent, J.
The plaintiff introduced evidence tending to show that the title to the land in question was in him; *57that it had been duly attached by the plaintiff upon a claim against one G. H.; that judgment was recovered in his suit, and the land set off upon his execution.
The defendant claims as mortgagee of the land, in possession under a mortgage from said G. H., executed, and, as he claims, acknowledged and recorded before the attachment of the plaintiff. Now, if the defendant is right in these positions, he has a good defense against this writ of entry. That the defendant’s mortgage was executed and…
2Cases cited9 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- State v. JohnstonTennessee Supreme Court · 1847
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment AssociationSupreme Court of Iowa · 2014
- Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment AssociationSupreme Court of Iowa · 2014