Bartlett v. Gilcreast
Supreme Court of New Hampshire
Btll in Equity, to remove a cloud from the plaintiff’s title. Facts found, and case transferred from the October term, 1902, of the superior court, by Young, J. Beal estate standing in the name of John R. (xilcreast, and belonging to him and his wife (the defendant) jointly, was conveyed by him to her, April 13, 1897, as a gift. He was indebted at tbe time to one Sleeper, and the real estate was all the property he owned.
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Btll in Equity, to remove a cloud from the plaintiff’s title. Facts found, and case transferred from the October term, 1902, of the superior court, by Young, J. Beal estate standing in the name of John R. (xilcreast, and belonging to him and his wife (the defendant) jointly, was conveyed by him to her, April 13, 1897, as a gift. He was indebted at tbe time to one Sleeper, and the real estate was all the property he owned. After the conveyance the defendant mortgaged the premises to John H. Parmerton. Sleeper recovered judgment against John R., and levied the execution upon all his right in…
1Opinion of the CourtChase, J.
The defendant’s first position is that the levy of the Sleeper execution is void, for the reason that John R.’s interest in the real estate was an estate in fee in one undivided half of it, instead of a right to redeem the same from a mortgage. The case is ambiguous concerning the mortgage. Tbe sheriff’s return of the levy mentions a mortgage given by Jolm R. to Parmerton in 1892. The case makes no further specific allusion to tbis mortgage. It states that the defendant mortgaged the land to Parmerton after the conveyance to her, which was April 28, 1897. The court adjudged that, as between…
2Cases cited2 opinions
- Pearson v. GoochSupreme Court of New Hampshire · 1897
- Parker v. StevensSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Gilcreast v. BartlettSupreme Court of New Hampshire · 1906