Gibson v. Bailey
Superior Court of New Hampshire
Writ of entry, to recover a tract of land in Unity. The premises were part of the original right of Mesheck Weare. The tenants pleaded the general issue. On the part of the demandant, it appeared, that on the 13th of June, 1818, Joshua Huntoon, and Daniel Huntoon, being then in possession of the land demanded, conveyed it in mortgage to one Cyrus Barnes, to secure the payment of a promissory note.
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Writ of entry, to recover a tract of land in Unity. The premises were part of the original right of Mesheck Weare. The tenants pleaded the general issue. On the part of the demandant, it appeared, that on the 13th of June, 1818, Joshua Huntoon, and Daniel Huntoon, being then in possession of the land demanded, conveyed it in mortgage to one Cyrus Barnes, to secure the payment of a promissory note. Cyrus Barnes died without issue, leaving a mother and six brothers and sisters, and on the 15th of September. 1819, administration of his estate was granted to his brother, Samuel Barnes, who, on…
1Opinion of the CourtParker, C. J.
This case presents a “ comedy of errors.” The demandant claims title by virtue of a conveyance of four sevenths of the demanded premises from Luther Barnes, one of the heirs of Cyrus Barnes, deceased, who, at the time of his death, held a mortgage of the whole tract. It became the duty of Samuel Barnes, the administrator, to proceed and foreclose that mortgage, if the money was not paid. And he might, for this purpose, have maintained an action. 2 N. H. Rep. 71, Bickford vs. Daniels. But we are not aware of any rule that requires the administrator, in such case, to proceed by action, if the…
2Cases cited13 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Lithgow v. KavenaghMassachusetts Supreme Judicial Court · 1812
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Smith v. MesserSuperior Court of New Hampshire · 1845
- Ainsworth v. DeanSuperior Court of New Hampshire · 1850
- Thurston v. KennettSuperior Court of New Hampshire · 1850
- Breck v. YoungSuperior Court of New Hampshire · 1841
13 more not listed; retrieve them via the Exa API.