Rigney v. Lovejoy
Superior Court of New Hampshire
In error. The original action was a writ of entry, to recover a tract of land in Lancaster. From a bill of exceptions, filed in the case, and which came up as part of the record, it appeared that the title set up on the part of the plaintiff Avas under a mortgage executed by one Samuel Smith to Lovejoy, the original plaintiff, to secure the payment of a note made by Smith, and payable to Lovejoy or order.
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In error. The original action was a writ of entry, to recover a tract of land in Lancaster. From a bill of exceptions, filed in the case, and which came up as part of the record, it appeared that the title set up on the part of the plaintiff Avas under a mortgage executed by one Samuel Smith to Lovejoy, the original plaintiff, to secure the payment of a note made by Smith, and payable to Lovejoy or order. On the part of the defendant Rigney, it appeared in evidence that at the commencement of the suit the note was the property of one Francis Willson, for whose benefit the action was brought,…
1Opinion of the CourtParker, C. J.
The principles which must govern this case have been stated to a very considerable extent in Southerin vs. Mendum, 5 N. H. Rep. 420; Smith vs. Moore, (11 N. H. Rep. 55,) and several other cases decided in this court. Not a little of the difficulty which has existed in relation to conveyances and transfers by means of mortgages, has arisen from a supposition that the mortgagee must be considered as the owner of the legal estate from the time of the execution of the mortgage, and a belief that rules should be *251applied to conveyances in mortgage, similar to those which govern other transfers of…
2Cases cited18 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Gould v. NewmanMassachusetts Supreme Judicial Court · 1810
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Bell v. MorseSuperior Court of New Hampshire · 1833
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3Cited by11 opinions
- Bernkrant v. FowlerCalifornia Supreme Court · 1961
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844
- Whittemore v. GibbsSuperior Court of New Hampshire · 1852
- Furbush v. GoodwinSuperior Court of New Hampshire · 1852
- Thorndike v. NorrisSuperior Court of New Hampshire · 1852
6 more not listed; retrieve them via the Exa API.