Hatch v. White
U.S. Circuit Court for the District of New Hampshire
This was an action of debt on a judgment for 84,605.31 damages, and $36.03 costs of suit, recovered in the supreme judicial court of Massachusetts in September, 1810. The defendant, after praying oyer of the record, among other pleas, pleaded, in substance, that the judgment was recovered on a promissory note given by the said White, for the sum of $-, to the said Hatch, on the 20th day of May, 1807, payable at a day long since past, and that, at the time of -making the said…
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This was an action of debt on a judgment for 84,605.31 damages, and $36.03 costs of suit, recovered in the supreme judicial court of Massachusetts in September, 1810. The defendant, after praying oyer of the record, among other pleas, pleaded, in substance, that the judgment was recovered on a promissory note given by the said White, for the sum of $-, to the said Hatch, on the 20th day of May, 1807, payable at a day long since past, and that, at the time of -making the said note, the said White mortgaged to the said Hatch in fee, as collateral security for the payment of the same note, a…
1Opinion of the Court
STORY,-Circuit Justice.
There is no averment in the plea of the value of the mortgaged estate; nor that it was taken in full satisfaction of the debt; nor that the equity of redemption of the mortgagor was fore-*811dosed. The case; therefore, stands drily upon the legal operation of the allegations in the plea unaided by collateral facts. Oyer of the record is prayed and has been allowed by the parties without objection. But, as this judgment is a record of another court, in strictness no such oyer is demandable. It is therefore an irregularity, which, though, not affecting the merits, might' well…
2Cases cited3 opinions
- Green v. HartNew York Supreme Court · 1806
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
3Cited by14 opinions
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
- Wright v. WimberlyOregon Supreme Court · 1919
- Weiner v. HeintzIllinois Supreme Court · 1855
- Haley v. BennettSupreme Court of Alabama · 1837
- Morgan v. PlumbNew York Supreme Court · 1832
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