Eastman v. Thayer
Supreme Court of New Hampshire
Bill in Equity, against Thayer, Aldrich, and Jackman, filed December 17, 1879, alleging that Thayer was seized of certain lands in Bethlehem; that he made a mortgage thereon, which is now held by Jackman; that Jackman has obtained judgment thereon, and is now in possession of the premises for the purpose of foreclosure; that the time of redemption will expire on or about December 26, 1879; that Thayer executed a second mortgage September 13, 1876, which is now owned and held…
Read the full summary
Bill in Equity, against Thayer, Aldrich, and Jackman, filed December 17, 1879, alleging that Thayer was seized of certain lands in Bethlehem; that he made a mortgage thereon, which is now held by Jackman; that Jackman has obtained judgment thereon, and is now in possession of the premises for the purpose of foreclosure; that the time of redemption will expire on or about December 26, 1879; that Thayer executed a second mortgage September 13, 1876, which is now owned and held by the plaintiffs; that the plaintiffs have commenced a suit on the notes, which is still pending; that in 1877 this…
1Opinion
We are not asked to revise our conclusions on the points considered in the opinion, but to pass upon other matters to which our attention has been called by the plaintiffs' counsel for the first time in the argument of the motion.
The plaintiffs now put their case, as to Jackman and Aldrich, on the ground, that having a good bill of foreclosure against Thayer, it was proper to join Jackman as senior mortgagee for the purpose of redeeming the land from his mortgage, and to join Aldrich, as standing in Thayer's shoes, through his purchase at the tax sale, and therefore owning the equity of…
2Cases cited4 opinions
- Dunlap v. County of GallatinIllinois Supreme Court · 1853
- Smith v. MesserSuperior Court of New Hampshire · 1845
- Brown v. SnellSupreme Judicial Court of Maine · 1859
- Hall v. HallSupreme Court of New Hampshire · 1865