Upton v. Haines
Supreme Court of New Hampshire
Bill in equity, brought by Samuel Upton as guardian of John Rourke, Jr., minor son of John Rourke and his wife, Johannali Rourke, late of Manchester, both deceased, and alleging that said Johannali Rourke died seized of certain real estate situated in said Manchester, known as the whole of lot No. 262, and the easterly half of lot No. 261, on Manchester street; that during their lifetime, to wit, February 12, 1866, the said John and Joliannah Rourke executed and delivered to…
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Bill in equity, brought by Samuel Upton as guardian of John Rourke, Jr., minor son of John Rourke and his wife, Johannali Rourke, late of Manchester, both deceased, and alleging that said Johannali Rourke died seized of certain real estate situated in said Manchester, known as the whole of lot No. 262, and the easterly half of lot No. 261, on Manchester street; that during their lifetime, to wit, February 12, 1866, the said John and Joliannah Rourke executed and delivered to the defendants a mortgage deed of the said premises, to secure the payment of a note of the same date for $2,000,…
1Concurrence
The plaintiff in this case appears as the guardian of John Rourke, Jr. It is, in point of fact, the suit of John Rourke, Jr., appearing by his guardian Samuel Upton, and the case must be determined on the same principles as if the suit were, in form, the suit of John Rourke, Jr.
It is substantially alleged in the bill, that the plaintiff's father and mother, — John Rourke and Johannah Rourke, — under whom he claims and whose title he has, in their lifetime executed a mortgage of the tract of land in controversy to the defendant; that said mortgage was given to secure a note, the consideration…
2Cases cited1 opinion
- White v. HunterSuperior Court of New Hampshire · 1851