Gilman v. Hidden
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Tam worth, and was tried here upon the general issue at September term 1828. It appeared in evidence that, W. P. Hidden was formerly seized of the demanded premises in fee, and the demandant having obtained a judgment against the said W. P. Hidden, and sued out execution, caused the same execution to be extended upon the demanded premises on the 12th February, 1827. The tenant then showed that W, P. Hidden, by…
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This was a writ of entry brought to recover a tract of land in Tam worth, and was tried here upon the general issue at September term 1828. It appeared in evidence that, W. P. Hidden was formerly seized of the demanded premises in fee, and the demandant having obtained a judgment against the said W. P. Hidden, and sued out execution, caused the same execution to be extended upon the demanded premises on the 12th February, 1827. The tenant then showed that W, P. Hidden, by deed dated May 2, 1822, conveyed the, demanded premises to the tenant and one Thomas Jones, in fee and in mortgage, to…
1Opinion of the Court
By the court.
The question in this case is, whether the right in equity to redeem the land was foreclosed before the tender was made by the demandant ?
The right to redeem, which was created by the contract between the mortgagor and the mortgagee was lost on the 2d May, 1823.
But the statute of February 16, 1791, gives a right to redeem after the condition is broken by payment, or performance of the condition &c. u provided such payment or performance, &e. shall be made or tender thereof made to the mortgagee, &c. within one year after such mortgagee ⅜¾, shall have entered into and have taken…
2Cited by2 opinions
- Colby v. PoorSuperior Court of New Hampshire · 1844
- Downer v. ClementSuperior Court of New Hampshire · 1840