Benton v. Sumner
Supreme Court of New Hampshire
From Cobs Circuit Court. "Writ op Entry, on a mortgage. The plaintiffs introduced a mortgage to them, dated December 29, 1870, duly executed and recorded.
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From Cobs Circuit Court. "Writ op Entry, on a mortgage. The plaintiffs introduced a mortgage to them, dated December 29, 1870, duly executed and recorded. The condition in the mortgage is -as follows : “ Nevertheless it is to be considered, and the condition of the foregoing deed is, that if said first-named grantors, their executors and administrators, shall well and truly indemnify said Benton and Whidden against all loss, cost, and damage, and expense they or either of them may be subjected to by reason of signing and endorsing the notes for said James B. Sumner, now payable, and at the…
1Opinion of the Court
FROM COOS CIRCUIT COURT. Unless the statute of 1829, in regard to mortgages, has been changed by subsequent legislation, the question presented in the case now before us has been settled in this state. Bassett v. Bassett, 10 N.H. 64; Boody v. Davis, 20 N.H. 140. The provisions of that statute, and of the General Statutes, are as follows:
ACT OF JULY 3, 1829. GEN. STATS., 1867.
"No title, or estate in fee-simple, "No conveyance in writing of any fee-tail, for term of life, or any lands shall be defeated, nor any lease for more than seven years from estate incumbered by any agreement, the making…
2Cases cited6 opinions
- Boody v. DavisSuperior Court of New Hampshire · 1849
- Kingsley v. HolbrookSupreme Court of New Hampshire · 1864
- Jewell v. HoldernessSupreme Court of New Hampshire · 1860
- Bassett v. BassettSuperior Court of New Hampshire · 1839
- Melvin v. FellowsSupreme Court of New Hampshire · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Barker v. BarkerSupreme Court of New Hampshire · 1882
- Colby v. DearbornSupreme Court of New Hampshire · 1879