Glass v. Ellison
Superior Court of New Hampshire
Writ op entry, to recover a tract of land situated in Barrington. The defendant pleaded the general issue. It appeared from the evidence, that on the 3d day of Jan. 1817, the defendant, being seized and possessed of the demanded premises, mortgaged the same to Stephen Paul, to secure the payment of a promissory note.
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Writ op entry, to recover a tract of land situated in Barrington. The defendant pleaded the general issue. It appeared from the evidence, that on the 3d day of Jan. 1817, the defendant, being seized and possessed of the demanded premises, mortgaged the same to Stephen Paul, to secure the payment of a promissory note. Paul commenced an action against the defendant, Jan. term, 1827, for the purpose of foreclosing said mortgage, and at Feb. term, 1829, judgment was rendered in his favor, as of mortgage. A writ of possession issued Nov. 6, 1829, but was never executed. On the 14th of October,…
1Opinion of the CourtParker, J.
The statute of 1791, prescribing the time and mode of redeeming real estate mortgaged, enacted, that it might be redeemed by the mortgagor, his heirs, &c., on payment of all the sums of money, &-c., provided such payment or performance, or tender thereof, should be made to the mortgagee, <fcc., “within one year after such mortgagee !or vendee, or the person claiming under him, shall have ‘ entered into and have taken peaceable possession of such ‘ real estate, for the condition broken, or within one year ‘ after such person shall have been in peaceable and contin- ‘ ued actual possession of…
2Cited by7 opinions
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Parish v. GilmantonSuperior Court of New Hampshire · 1840
- State v. MarionSupreme Court of New Hampshire · 1982
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