Public-domain · open source
OpenJurist

44 N.H. 288

Bryant v. Morrison

Supreme Court of New Hampshire

Decided July 1, 1860

Supreme Court of New Hampshire · decided 1860-07-01

Writ of Entry. The demanded premises were situate in Salem, in the county of Rockingham. Both parties claim title under Hiram K. Bryant. The plaintiff claimed title by virtue of a mortgage from said H. K. Bryant to J. J. Bryant, dated March 8, 1847, and assigned by the latter to the plaintiff December 22, 1858. The plaintiff at the time of the assignment was and ever since has been a resident of Massachusetts.

Relies on State v. York · Kelly v. Burnham · Hovey v. Bartlett

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

How this case has been cited

Cited by 3 later decisions — most recently May 1958

3 state decisions

101860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Bartlett, J.

¶1Hiram K. Bryant’s equity of redemption was held by the attachment of the premises (Rev. Stat., ch. 184, see. 5; Eastman v. Knight, 36 N. H. 586); and when the demand was made by the officer this attachment was subsisting, for thirty days from the rendition of judgment had not expired (Rev. Stat., ch. 184, sec. 33); and though a levy was commenced on the day the demand was made, it was not completed until more than fifteen days afterward. The extent upon the land would have been good to pass the mortgagor’s title; Kelly v. Burnham, 9 N. H. 22; Hovey v. Bartlett, 34 N. H. 278; but here, no account having been rendered by the plaintiff within fifteen days after the demand, his interest in the premises ceased as against the attachment, and the rights acquired under it (Rev. Stat., ch. 184, sec. 7; Laws of 1845, ch. 233); and the execution could properly be extended upon the land. The law of this State must govern the title to this land. Story Conf. Laws, see. 424; 2 ¡Kent 429. If the plaintiff’ chose to take the mortgage, he must take it subject to these provisions of our statutes, which were at the time of the execution of the mortgage and still are in force. We need not inquire what would be the effect of a demand made upon a mortgagee resident out of this State, in a case where it would be impossible for him, by reason of his residence, to render an account within the fifteen days, if such a case can exist; for here the mortgagee resided in Massachusetts, and there appeal's no peculiar difficulty, certainly no impossibility, arising from this fact, to prevent his compliance with the statute. The description of the land in the demand is admitted to be correct, and it is sufficiently certain, and we think it is not objectionable merely because it does not make use of the terms of description contained in the mortgage. See Couch v. Stevens, 37 N. H. 175. According to the provisions of the case, there must be

¶2Judgment for the defendant.

/44/nh/288 · .json · Public domain