Haven v. Low
Superior Court of New Hampshire
If a mortgage of personal property be void, because fraudulent against creditors, the original debt may still be recovered. Possession bjr the mortgagee of personal property is not necessary to the validity of the mortgage, as it is to the validity of a pawn. The equity of redemption in a mortgage of personal property is not subject to attachment.
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If a mortgage of personal property be void, because fraudulent against creditors, the original debt may still be recovered. Possession bjr the mortgagee of personal property is not necessary to the validity of the mortgage, as it is to the validity of a pawn. The equity of redemption in a mortgage of personal property is not subject to attachment. When the possession of personal property, after either a sale or a mortage of ⅛ is retained by the former owner, that circumstance alone is not conclusive evidence of fraud. This was replevin for a sloop, called the Nymph. She was alleged to be the…
1Opinion of the CourtWoodbury, J.
1. We are satisfied, that the interest of Henry Mutter, in the present action, was balanced ; and. therefore, that he was properly admitted to testify.
Thus, if the action terminate in favor of the defendant, the value of the sloop will go towards the payment of the witnesses’ debt to John Mutter ; but, on the other hand, the witness, at the same time, will become liable to pay from other funds the debt of the plaintiff.
Had the sloop been purchased, or mortgaged to the plaintiff, with views fraudulent in fact, the witness, after her loss, might not be liable to refund to him the consideration…
2Cases cited1 opinion
- Barrow v. PaxtonNew York Supreme Court · 1810
3Cited by8 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
- Ash v. SavageSuperior Court of New Hampshire · 1831
- Barker v. HallSuperior Court of New Hampshire · 1842
- North v. CrowellSuperior Court of New Hampshire · 1840
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