Tasker v. Lord
Supreme Court of New Hampshire
Bill in Equity, alleging that before February 27, 1885, one Slack made several successive mortgages of certain goods to different persons, among whom was the plaintiff, some of said mortgages being prior to that of the plaintiff; that on the above day the defendant Lord, a deputjr sheriff, attached the mortgaged goods on three writs against Slack, and on March 14, 1885, sold the same in small lots to a great number of different purchasers, for sums amounting in all to…
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Bill in Equity, alleging that before February 27, 1885, one Slack made several successive mortgages of certain goods to different persons, among whom was the plaintiff, some of said mortgages being prior to that of the plaintiff; that on the above day the defendant Lord, a deputjr sheriff, attached the mortgaged goods on three writs against Slack, and on March 14, 1885, sold the same in small lots to a great number of different purchasers, for sums amounting in all to $1,427.43; that the sale was made «without consent of parties, and without a certificate of examiners, as required by law;…
1Opinion of the CourtBlodgett, J.
The plaintiff’s bill is a reasonably necessary process and convenient procedure for speedily and economically establishing her rights and furnishing their remedy, and as such may be maintained by her ( Webster v. Hall, 60 N. H. 7; Metcalf v. Gilmore, 59 N. H. 417, 434); and apart from these considerations it cannot well be doubted that the bill presents other sufficient grounds for equitable jurisdiction. But although equity has jurisdiction, the validity of the plaintiff’s mortgage on an issue of fraud is a question properly determinable at law; and the plaintiff may therefore file a…
2Cases cited2 opinions
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Webster v. HallSupreme Court of New Hampshire · 1880
3Cited by3 opinions
- Crockett v. SibleySupreme Court of New Hampshire · 1905
- Marden v. Portsmouth Milling Co.Supreme Court of New Hampshire · 1900
- Colbath v. Granite State Mutual Aid Ass'nSupreme Court of New Hampshire · 1889