Ray v. Scripture
Supreme Court of New Hampshire
Writ oe Entry, for a strip of land in Nashua, about four feet wide, extending from Pearl street northerly forty feet, and represented on the following sketch by the lines a g hi: Facts found by the court. The Godfrey lot (al o def') was conveyed by Reuben Godfrey to Gilman Scripture, October 26, 1874, and mortgaged back on the same day to secure a part of the purchase-money.
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Writ oe Entry, for a strip of land in Nashua, about four feet wide, extending from Pearl street northerly forty feet, and represented on the following sketch by the lines a g hi: Facts found by the court. The Godfrey lot (al o def') was conveyed by Reuben Godfrey to Gilman Scripture, October 26, 1874, and mortgaged back on the same day to secure a part of the purchase-money. There was no building upon it at the time, but Scripture, who was owner of the Tremont House property, subsequently extended the buildings on that property from the line k j westerly across the Godfrey lot, substantially…
1Opinion of the CourtChase, J.
The plaintiffs claim title to the demanded premises under a foreclosure of the Godfrey mortgage, attempted to be made according to the first mode prescribed by Gen. Laws, c. 136, 8. 14. To maintain their title they must show an entry into the mortgaged premises under process, and continued actual possession thereof for one year. When the entry has been made the office of the process is completed. If the possession thus acquired is continued, it is held under the mortgage and not under the process. Couch v. Stevens, 37 N. H. 169; Hall v. Hall, 46 N. H. 240, 243. Assuming that the officer’s…
2Cases cited2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Bartlett v. SanbornSupreme Court of New Hampshire · 1886
3Cited by2 opinions
- Walker v. ChessmanSupreme Court of New Hampshire · 1908
- Cate v. CateSupreme Court of New Hampshire · 1921