Hill v. Gilman
Supreme Court of New Hampshire
Trespass, for taking and carrying away one yoke of oxen, alleged to be the property of the plaintiff. On the 6th day of January, 1857, Joseph P. Parrar made to the plaintiff a mortgage of certain personal property, including said oxen, then owned by Parrar, to secure the payment of his promissory note to the plaintiff for the sum of $288. The mortgage was in due form in all respects, except that the certificate of the oath purporting to have been administered to the parties…
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Trespass, for taking and carrying away one yoke of oxen, alleged to be the property of the plaintiff. On the 6th day of January, 1857, Joseph P. Parrar made to the plaintiff a mortgage of certain personal property, including said oxen, then owned by Parrar, to secure the payment of his promissory note to the plaintiff for the sum of $288. The mortgage was in due form in all respects, except that the certificate of the oath purporting to have been administered to the parties was not signed by any magistrate, and the mortgage was recorded m that condition. A day or two subsequent to the making…
1Opinion of the CourtEastman, J.
In Ash v. Savage, 5 N. H. 545, it was decided that possession by the mortgagee was not essential to the validity of a mortgage of goods and chattels. It was argued in that case that if the court should so decide, it would become necessary for the legislature to interfere, and correct, by a positive enactment, the evils that would result therefrom.
That decision was made in November, 1831: and at the next session of the legislature, in June, 1832, an act was passed, entitled “ An act to prevent fraud in the transfer of personal property by mortgage,” in which it was provided “that no mortgage…
2Cited by4 opinions
- Amoskeag Bank v. ChagnonSupreme Court of New Hampshire · 1990
- Pineland Lumber Co. v. RobinsonSupreme Judicial Court of Maine · 1978
- Cornell v. Bank of America, N.A. (In re Pellerin)United States Bankruptcy Court, D. New Hampshire · 2015
- Tucker v. TiltonSupreme Court of New Hampshire · 1875