Getchell v. Chase
Supreme Court of New Hampshire
Foreign Attachment. The trustee disclosed as follows : In the spring of 1848 I made a bargain with the said Chase, to sell him certain real estate in Hampton-Falls. He was to let me have a horse, and pay me four hundred dollars for the same.
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Foreign Attachment. The trustee disclosed as follows : In the spring of 1848 I made a bargain with the said Chase, to sell him certain real estate in Hampton-Falls. He was to let me have a horse, and pay me four hundred dollars for the same. I gave him a quitclaim deed, in common form, of the real estate, and he delivered to me the horse, and gave me his note for four hundred dollars, in payment of the same, and gave me a mortgage back of the same real estate, to secure the payment of the note. I supposed at the time I gave the deed that I had a good title to the real estate, but I…
1Opinion of the CourtEastman, J.
The disclosure of the trustee shows no fraud between the parties, either in fact or in law, in the sale and conveyance of the land. The trustee states that *109at the time he gave the deed he supposed he had a good title to the premises. He also states that he had no knowledge or information at that time that the principal was in debt. Believing that he was the owner of the land, he conveyed it to Chase by quitclaim deed, and Chase, in consideration therefor, gave him a horse worth $150, and his note and a mortgage on the land for the balance of the payment money. This change of property between…
2Cases cited9 opinions
- Frisbee v. HoffnagleNew York Supreme Court · 1814
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- Colville v. BeslyNew York Supreme Court · 1846
- Cope v. WilliamsSupreme Court of Alabama · 1842
- Treat v. Inhabitants of OronoSupreme Judicial Court of Maine · 1846
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3Cited by2 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Vaughan v. MorrisonSupreme Court of New Hampshire · 1875