Leighton v. Shapley
Superior Court of New Hampshire
Trover, for a mare. The conversion was alleged to have been on the 26th September, 1834. On the trial in the common pleas it appeared that the plaintiff, prior to the 15th of August, 1834, was the owner of the mare, and on that day mortgaged her to the defendant, with condition that the mortgage should be void on the payment of a note of §25 from the plaintiff to the defendant on or before the 15th of September. A part of the note was paid within the time.
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Trover, for a mare. The conversion was alleged to have been on the 26th September, 1834. On the trial in the common pleas it appeared that the plaintiff, prior to the 15th of August, 1834, was the owner of the mare, and on that day mortgaged her to the defendant, with condition that the mortgage should be void on the payment of a note of §25 from the plaintiff to the defendant on or before the 15th of September. A part of the note was paid within the time. The mare remained in the possession of the plaintiff until the 25th of September, and the plaintiff having loaned her to one Tanner, the…
1Opinion of the CourtParker, J.
Prior to the statute of July 4, 1834, upon the non-performance of the condition in a mortgage of goods and chattels, the property became absolute in the mortgagee, no provision having been made for any equity of redemption. 8 John. Rep. 96, (2 Ed. 75) Brown vs. Bement; 7 Cowen 290, Ackley vs. Finch; 9 Wend. Rep. 80, Langdon vs. Buel; 12 Wend. 61, Patchin vs. Pierce.
That statute confers on this court chancery powers in all cases respecting the redemption and foreclosure of mortgages ; and one of the powers exercised by a court of chancery is to decree a redemption of personal chattels, after…
2Cases cited4 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Patchin v. PierceNew York Supreme Court · 1834
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Batchelder v. RobinsonSuperior Court of New Hampshire · 1832