Whittredge v. Edmunds
Supreme Court of New Hampshire
Bill in Equity, to set aside a mortgage from the defendant Susan H. Edmunds, to the other defendant George S. Edmunds, as constituting a cloud on the plaintiff’s title under the levy of an execution on a portion of the mortgaged premises, as the estate of the defendant Susan. Facts found by the court. January 26,1881, the defendant Susan gave the defendant George a note for $1,225, and secured it by a mortgage upon the real estate described in the bill.
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Bill in Equity, to set aside a mortgage from the defendant Susan H. Edmunds, to the other defendant George S. Edmunds, as constituting a cloud on the plaintiff’s title under the levy of an execution on a portion of the mortgaged premises, as the estate of the defendant Susan. Facts found by the court. January 26,1881, the defendant Susan gave the defendant George a note for $1,225, and secured it by a mortgage upon the real estate described in the bill. The court found the note and mortgage were a valid debt and security to the amount of $925.75 and interest from September 15, 1880, and that…
1Opinion of the CourtAllen, J.
The finding of no fraud in the execution of the note and mortgage necessarily included the finding that the transaction was in good faith, and that the making of the note and mortgage to secure a larger sum than was actually due was an unintentional error and innocent mistake. Noyes v. Patrick, 58 N. H. 618. The mortgage being made in good faith, though describing the debt secured as larger than that actually existing at the time, cannot, in the absence of fraud, be defeated by the mortgagor’s creditors by reason of an innocent mistake. Putnam v. Osgood, 52 N. H. 148, 158; Gordon v. Preston,…
2Cases cited1 opinion
- Noyes v. PatrickSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Tuttle v. LangleySupreme Court of New Hampshire · 1896