Pearson v. Gooch
Supreme Court of New Hampshire
Bill in Equity, to set aside a sale and conveyance of real estate made under a power contained in a mortgage, and to redeem from the mortgage. Facts found by the court.
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Bill in Equity, to set aside a sale and conveyance of real estate made under a power contained in a mortgage, and to redeem from the mortgage. Facts found by the court. William P. Burke conveyed the real estate in question to Gooch & Pray, by a mortgage deed dated November 27, 1894, to secure the payment of his promissory note of that date for $7,000. The mortgage contained the following power: “And it is agreed that, on failure of performance of any of said conditions, the said grantees or their legal representatives or assigns may advertise said mortgaged premises for sale, by publication…
1Opinion of the CourtWallace, J.
It is urged that under the statutes (P. S., c. 139) powers of sale contained in mortgages are invalid. More than twenty years ago such powers were held valid (Very v. Russell, 65 N. H. 646) and have ever since been to a considerable extent in use. it is deemed unwise to disturb that judgment now, even if upon a reconsideration of the question a different result might be reached. Possibly the legislature may think it wise to make reasonable regulations for their use, similar to those prescribed in some of the other states where they are in general use.
The rights of the parties therefore depend…
2Cases cited5 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Equitable Trust Co. v. FisherIllinois Supreme Court · 1883
- Briggs v. BriggsMassachusetts Supreme Judicial Court · 1883
- Burnet v. DennistonNew York Court of Chancery · 1821
- Hubbell v. SibleyNew York Supreme Court · 1871
3Cited by6 opinions
- Murphy v. Financial Development Corp.Supreme Court of New Hampshire · 1985
- Reisenberg v. HankinsCourt of Appeals of Texas · 1924
- Mitchell v. SherrellCourt of Appeals of Tennessee · 1929
- Dieffenbach v. BuckleyDistrict Court, D. New Hampshire · 1979
- Bartlett v. GilcreastSupreme Court of New Hampshire · 1903
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