Towle v. Hoit
Superior Court of New Hampshire
Plea or Land, situated in Meredith, containing fifty-four square rods. The plaintiffs claimed said premises by virtue of a levy upon the same, made on an execution issued at the February term of the C. C. P., 1841, against J. P. Hill. The regularity of the levy was not contested, but there was some evidence tending to show that said execution was for f 50 beyond the actual indebtedness of said Hill.
Read the full summary
Plea or Land, situated in Meredith, containing fifty-four square rods. The plaintiffs claimed said premises by virtue of a levy upon the same, made on an execution issued at the February term of the C. C. P., 1841, against J. P. Hill. The regularity of the levy was not contested, but there was some evidence tending to show that said execution was for f 50 beyond the actual indebtedness of said Hill. The court ruled that this objection could not be taken advantage of in this action. The defendant, to show title in himself, introduced evidence of a mortgage of the premises to one Gordon, dated…
1Opinion of the CourtParker, C. J.
Cases which go to shew the warranty deed given the defendant in this case to be void as against creditors, are numerous. 6 N. H. Rep. 67, Smith vs. Lowell; 8 Ditto 38, Parsons vs. McKnight; Ditto 44, Carlisle vs. Rich; 9 Ditto 31, Winkley vs. Hill; 10 Ditto 150, Tift vs. Walker ; 11 Ditto 459, Smith vs. Smith; 12 Ditto 396, McConihe vs. Sawyer; 15 Mass. R. 210, Goodwin vs. Hubhard; 16 Pick. R. 553, Platt vs. Brown; 3 Met. R. 26, Howe vs. Bishop. Bui being thus void, it cannot hove operated to merge the second mortgage, which ran directly to the defendant. The deed was simply void against…
2Cases cited2 opinions
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Smith v. LowellSuperior Court of New Hampshire · 1832
3Cited by3 opinions
- Salvage v. HaydockSupreme Court of New Hampshire · 1896
- Wilson v. KimballSuperior Court of New Hampshire · 1853
- Gove v. LawrenceSuperior Court of New Hampshire · 1853