Young v. Currier
Supreme Court of New Hampshire
BiiJj in Equity, heard upon bill and answer. The material facts were, — June 30, 1883, one Wadleigh conveyed a farm in Sunapee to Carlos S. Bingham and Fred S. Hart, and for part of the purchase-money took a note signed by Bingham and Hart for $1,039, and a mortgage of the farm to secure its payment.
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BiiJj in Equity, heard upon bill and answer. The material facts were, — June 30, 1883, one Wadleigh conveyed a farm in Sunapee to Carlos S. Bingham and Fred S. Hart, and for part of the purchase-money took a note signed by Bingham and Hart for $1,039, and a mortgage of the farm to secure its payment. November 13, 1883, Wadleigh sold and assigned the note and mortgage to the defendant; and on the same day the defendant entered to foreclose the mortgage, and has ever since been in possession, receiving the income. At the time of executing the above note and mortgage Hart was an infant, and…
1Opinion of the CourtCarpenter, J.
Hart could not avoid his liability upon the note and mortgage without giving up the property conveyed to him. Heath v. West, 28 N. H. 101; Heath v. Stevens, 48 N. H. 251 ; Hall v. Butterfield, 59 N. H. 354; Bartlett v. Bailey, 59 N. H. 408. His quitclaim to the defendant of his interest in the farm was an essential part of his recission of the contract expressed by the note. and mortgage. Whether one half the mortgage debt was extinguished by the transaction is a question unnecessary to be determined, inasmuch as the defendant consents that the plaintiff may redeem her one half of the farm by…
2Cases cited2 opinions
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Bartlett v. BaileySupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Wooldridge v. LavoieSupreme Court of New Hampshire · 1918