Clark v. Clark
Supreme Court of New Hampshire
From Grafton Circuit Court. In Equity. The bill is brought by Eliza H. Clark, of Enfield, in this comity, and Clara E. Matthews, of St. Johusbury, Yt., her daughter, against George W. Clark, husband and father of the plaintiffs, and Daniel Tilden of Lebanon, in this county. The plaintiffs allege, that on November 11,1854, the said George TV.
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From Grafton Circuit Court. In Equity. The bill is brought by Eliza H. Clark, of Enfield, in this comity, and Clara E. Matthews, of St. Johusbury, Yt., her daughter, against George W. Clark, husband and father of the plaintiffs, and Daniel Tilden of Lebanon, in this county. The plaintiffs allege, that on November 11,1854, the said George TV. Clark executed a mortgage of certain real estate, situate in Enfield, conveyed to him by Lorenzo Day, to Samuel H. Clark, his father, to secure him for signing as surety for the said George W. a promissory note for $1,200, of even date with said mortgage,…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. It is well settled in this state, by a train of authorities, that a conveyance by a mortgagee, not in possession of the land mortgaged, will not pass the debt secured by the mortgage, and, consequently, will not pass any interest in the land itself attempted to be conveyed. Furbush v. Goodwin, 25 N.H. 451; Hobson v. Roles, 20 N.H. 51; Smith v. Smith,15 N.H. 64; Dearborn v. Taylor, 18 N.H. 157; Weeks v. Eaton, 15 N.H. 148; Bell v. Morse, 6 N.H. 205; Ellison v. Daniels, 11 N.H. 274; Aymar v. Bill, 5 Johns. Ch. 570; Jackson v. Willard, 4 Johns. 42.
Samuel H. Clark, by…
2Cases cited9 opinions
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Bell v. MorseSuperior Court of New Hampshire · 1833
- Aymar v. BillNew York Court of Chancery · 1821
- Clough v. RussellSupreme Court of New Hampshire · 1875
- Wentworth v. RemickSupreme Court of New Hampshire · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Koster v. BoudreauxOhio Court of Appeals · 1982
- Boissonnault v. SavageSupreme Court of New Hampshire · 1993
- Chase v. MooreSupreme Court of New Hampshire · 1906
- Hollenbeck v. Hollenbeck, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1948