Parsons v. Little
Supreme Court of New Hampshire
Writ of Entry, to foreclose a mortgage upon premises in Colebroolc. Facts found by a referee. The mortgage was made March 4, 1879, by the defendants, to George Aldrich, the plaintiff’s father, to secure a note, signed by J. D. Little, for $204.10. George Aldrich has since died, and the plaintiff is his sole heir at law.
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Writ of Entry, to foreclose a mortgage upon premises in Colebroolc. Facts found by a referee. The mortgage was made March 4, 1879, by the defendants, to George Aldrich, the plaintiff’s father, to secure a note, signed by J. D. Little, for $204.10. George Aldrich has since died, and the plaintiff is his sole heir at law. The defendant, Persis Little, is the wife of Joseph D. At the time the note and mortgage were given, the premises were subject to three prior mortgages given by the defendant, Joseph D., at different times, in which his wife joined, releasing dower and homestead, — the first…
1Opinion of the CourtAllen, J.
The foreclosure of the three prior mortgages by Corey put the plaintiff’s mortgage in abeyance, but did not discharge or annul it. The plaintiff was not made a party to the foreclosure proceedings, and never relinquished her mortgage nor the debt secured by it; and when Corey, after his foreclosure proceedings had given him a title to the premises, bargained and sold the premises to Little for a stipulated price, which was paid him by Little, the plaintiff was let in with her mortgage, which operated as fully as if there had been no prior mortgages. Having purchased the property of Corey…
2Cited by5 opinions
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