Green v. Currier
Supreme Court of New Hampshire
Writ ok Entry. Facts found by the court. December 14, 1870, EYancis D. Berry mortgaged his farm, of which the demanded premises constitute a small part, to the Pittsfield Savings-Bank, to secure his note for $4,250. June 3, 1881, .he mortgaged the same farm to the plaintiff, subiect to the foregoing mortgage, to secure his note for $344.44. February 24,1883, the savings-bank filed a bill in equity against Berry and the plaintiff, together with others, for a foreclosure of…
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Writ ok Entry. Facts found by the court. December 14, 1870, EYancis D. Berry mortgaged his farm, of which the demanded premises constitute a small part, to the Pittsfield Savings-Bank, to secure his note for $4,250. June 3, 1881, .he mortgaged the same farm to the plaintiff, subiect to the foregoing mortgage, to secure his note for $344.44. February 24,1883, the savings-bank filed a bill in equity against Berry and the plaintiff, together with others, for a foreclosure of the mortgage to the bank. The plaintiff did not appear, and the bill was taken pro eonfesso as to him. At the April term,…
1Opinion of the CourtClark, J.
The quitclaim deed of the bank to Currier conveyed to him the title of the bank in the premises, which was that of a mortgagee in possession for the purpose of foreclosure (Hinds v. Ballou, 44 N. H. 619); and by his continued possession under the deed, the foreclosure proceedings, to which the plaintiff was a party, were completed, and Currier’s mortgage title became absolute as against the plaintiff. The deed from Berry to Currier is immaterial. It was a conveyance of the equity of redemption, which did not affect either of the prior mortgage-titles, or the title subsequently acquired by…
2Cases cited1 opinion
- Overholser v. ClarkTennessee Supreme Court · 1850
3Cited by6 opinions
- Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
- Salvage v. HaydockSupreme Court of New Hampshire · 1896
- Holland v. BlantonSupreme Court of Oklahoma · 1943
- Jewell v. HuckinsSupreme Court of New Hampshire · 1919
- Richardson v. BakerSupreme Court of New Hampshire · 1895
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