Jewell v. Huckins
Supreme Court of New Hampshire
Bill in Equity, to restrain Huckins, sheriff, and the other defendants, execution creditors of the heirs of Benjamin F. Jewell, from completing a levy on real estate in Holderness and to remove a cloud from the plaintiff’s title. March 24,1899, Benjamin F. Jewell, who then owned the premises, mortgaged them to the City Savings bank, his wife Annie A. Jewell joining in the mortgage. January 22, 1903, Benjamin F. Jewell died.
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Bill in Equity, to restrain Huckins, sheriff, and the other defendants, execution creditors of the heirs of Benjamin F. Jewell, from completing a levy on real estate in Holderness and to remove a cloud from the plaintiff’s title. March 24,1899, Benjamin F. Jewell, who then owned the premises, mortgaged them to the City Savings bank, his wife Annie A. Jewell joining in the mortgage. January 22, 1903, Benjamin F. Jewell died. October 22, 1914, the bank brought suit to foreclose the mortgage and were put in possession of the premises May 17, 1915, upon a writ duly issued in said suit, and while…
1Opinion of the CourtParsons, C. J.
The quitclaim deed of the bank to George E. Jewell conveyed to him the title of the bank in the premises, which was that of a mortgagee in possession for the purpose of foreclosure; and by his continued possession under the deed the foreclosure became complete. Green v. Currier, 63 N. H. 563, 564. The only objection made to the sufficiency of the foreclosure is the claimed incapacity of the quitclaim deed to convey the bank’s interest. The authorities are against the contention. Hinds v. Ballou, 44 N. H. 619; Lamprey v. Nudd, 29 N. H. 299; Thorndike v. Norris, 24 N. H. 454, 460.
The defendants…
2Cases cited1 opinion
- Green v. CurrierSupreme Court of New Hampshire · 1885