Deming v. Comings
Superior Court of New Hampshire
Wjíit of entry, to recover a tract of land in Cornish, wherein the plaintiff counts upon his own seizin in fee, within twenty years, and a disseizin by the defendant. The defendant pleaded that he was not guilty of disseizing the plaintiff in manner and form, &c.; on which issue was joined.
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Wjíit of entry, to recover a tract of land in Cornish, wherein the plaintiff counts upon his own seizin in fee, within twenty years, and a disseizin by the defendant. The defendant pleaded that he was not guilty of disseizing the plaintiff in manner and form, &c.; on which issue was joined. Also, that on the 1st of April, 1837, one Cook was seized in fee of the premises, and conveyed the same in mortgage to one Spaulding, with condition for the payment of a certain sum of money, and that said mortgage has come by sundry assignments to the plaintiff, who has no other title or color of…
1Opinion of the CourtParker, C. J.
Prior to the 26th of August, 1837, Austin Tyler became assignee of the mortgage made by Cook to Spaulding, and the defendant, Comings, was the owner of the equity of redemption, by a conveyance of the demanded premises from Cook, subject to the mortgage.
On that day Tyler commenced a suit against the defendant, upon the mortgage, and at the October term, 1837, obtained a conditional judgment, for possession, unless the defendant paid fill-03, with interest, and costs, within two months from the date of the judgment. The writ of possession was executed April 6, 1838, and the defendant attorn-ed…
2Cases cited4 opinions
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
- Bailey v. WillardSuperior Court of New Hampshire · 1837
- Batchelder v. RobinsonSuperior Court of New Hampshire · 1832
- Kittredge v. BellowsSuperior Court of New Hampshire · 1828
3Cited by4 opinions
- Gould v. WhiteSuperior Court of New Hampshire · 1852
- Rangely v. SpringSupreme Judicial Court of Maine · 1848
- McNeil v. CallSuperior Court of New Hampshire · 1849
- Pierce v. DuncanSuperior Court of New Hampshire · 1850