Edgerly v. Sanborn
Superior Court of New Hampshire
Tins was a writ of error, brought to reverse a judgment of the Coorí of Common Pleas, rendered upon the disclosure of the trustee. The trustee, in his answers to the interrogatories put to him, stated, in substance, that sometime in the year 1826, he contracted with the principal, to sell and convey to the latter a tract of land, for $450, and gave to tli e principal a bond to convey the land, upon payment of that sum in four years.
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Tins was a writ of error, brought to reverse a judgment of the Coorí of Common Pleas, rendered upon the disclosure of the trustee. The trustee, in his answers to the interrogatories put to him, stated, in substance, that sometime in the year 1826, he contracted with the principal, to sell and convey to the latter a tract of land, for $450, and gave to tli e principal a bond to convey the land, upon payment of that sum in four years. It was agreed between them, that the principal should go into possession of the land ; but if the said sum should not have been paid in four years, the trustee…
1Opinion of the Court
Richardson C. J.
delivered the opinion of the court.
We entertain no doubt, that in process of foreign attachment, the trustee may be charged for money or goods that come to his hands, or for a credit arising, alter the commencement of the action.
*399And in this case, if the creditors of the principal had not interfered, and the trustee had entered into the land, he might well have been charged for the amount he had received of the principal.
But when the creditors of the principal extended their executions upon the land, the principal was in possession, and had a right of possession and an interest…
2Cases cited1 opinion
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
3Cited by2 opinions
- Steer v. DowSupreme Court of New Hampshire · 1908
- Burbank v. Rockingham Mutual Fire InsuranceSuperior Court of New Hampshire · 1852