Hammond v. Barker
Supreme Court of New Hampshire
Bill in Equity, to restrain the levy of an execution on a certain tract of land, and for a decree that certain mortgages are in force against the defendants. Facts found by a referee. July 10, 1873, the defendant Fred.
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Bill in Equity, to restrain the levy of an execution on a certain tract of land, and for a decree that certain mortgages are in force against the defendants. Facts found by a referee. July 10, 1873, the defendant Fred. A. Barker owned a house on Water street in Keene worth $6,000, which was subject to a mortgage of $2,000 to the Keene Five Cents Savings Bank; and the plaintiff L. W. Hammond owned a house on Dunbar street in the same city worth $2,000. They agreed to exchange, and on the same day Barker conveyed the Water street place to Hammond subject to the $2,000 mortgage, and Hammond…
1Opinion of the CourtBlodgett, J.
Upon the facts stated the plaintiffs are entitled to relief. The question is not whether the defendant administrators shall be deprived of the security obtained by the attachment of their intestate, but whether they shall be permitted to take an unconscionable advantage of the mistake of the plaintiffs, and thereby get not only payment of the mortgage debt on the Dunbar street place, but also hold it, discharged of the mortgage, to pay another debt not contracted in reference to that property, and which, neither Joel and Joseph Hammond nor Aldrich were under any obligation to pay.
In our view…
2Cases cited13 opinions
- Overholser v. ClarkTennessee Supreme Court · 1850
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Champney v. . CoopeNew York Court of Appeals · 1865
- Swift v. KraemerCalifornia Supreme Court · 1859
- White v. WilsonIndiana Supreme Court · 1843
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3Cited by5 opinions
- Green Tree Servicing, LLC v. United StatesDistrict Court, D. New Hampshire · 2011
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Griffin v. International Trust Co.Court of Appeals for the Ninth Circuit · 1908
- Salvage v. HaydockSupreme Court of New Hampshire · 1896
- Rossiter v. SanaghiaroSupreme Court of New Hampshire · 1917