Tripe v. Marcy
Supreme Court of New Hampshire
"Writ or Entry, in which the plaintiff counted upon a mortgage, alleged to have been given to her by Thomas Hanscom, on the 31st day of May, 1834, of a certain piece of land in Portsmouth, being part of a ship-yard. The writ was dated May 27, 1857, and served on the 31st day of August following. Plea — the general issue, with a brief statement of the statute of limitations, and of a claim for betterments.
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"Writ or Entry, in which the plaintiff counted upon a mortgage, alleged to have been given to her by Thomas Hanscom, on the 31st day of May, 1834, of a certain piece of land in Portsmouth, being part of a ship-yard. The writ was dated May 27, 1857, and served on the 31st day of August following. Plea — the general issue, with a brief statement of the statute of limitations, and of a claim for betterments. It appeared that the demandant was-the owner of the-premises on the 31st day of May, 1834, and on that day conveyed the same to Thomas Hanscom, who, on the same day, mortgaged them back to…
1Opinion of the CourtBellows, J.
The case finds that the defendants and those under whom they claim, having the mortgagor’s title, have been-in possession of the mortgaged estate ever since April 6, 1835, a period of about twenty-two years next preceding the commencement of this suit; and one question which arises is, whether, on the evidence reported, the jury could have found this possession to be adverse.
The relation between the mortgagor and mortgagee is peculiar in its nature, and is, perhaps, best expressed by the use of those terms. Upon the execution of the mortgage the mortgagee is entitled to possession, unless…
2Cases cited17 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Willison v. WatkinsSupreme Court of the United States · 1830
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Heyer v. PruynNew York Court of Chancery · 1839
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3Cited by2 opinions
- Moore v. Sterling Warner Industrial Investment Corp.Supreme Court of New Hampshire · 1974
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881