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64 N.H. 279

9 A 220

Tasker v. Lord

Supreme Court of New Hampshire

Decided December 5, 1886

Supreme Court of New Hampshire · decided 1886-12-05

Bill in Equity, alleging that before February 27, 1885, one Slack made several successive mortgages of certain goods to different persons, among whom was the plaintiff, some of said mortgages being prior to that of the plaintiff; that on the above day the defendant Lord, a deputjr sheriff, attached the mortgaged goods on three writs against Slack, and on March 14, 1885, sold the same in small lots to a great number of different purchasers, for sums amounting in all to…

Relies on Metcalf v. Gilmore · Webster v. Hall

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-05

How this case has been cited

Cited by 19 later decisions — most recently January 1919

19 state decisions

701886189019001910decided

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.

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Blodgett, J.

¶1 The plaintiff’s bill is a reasonably necessary process and convenient procedure for speedily and economically establishing her rights and furnishing their remedy, and as such may be maintained by her ( Webster v. Hall, 60 N. H. 7; Metcalf v. Gilmore, 59 N. H. 417, 434); and apart from these considerations it cannot well be doubted that the bill presents other sufficient grounds for equitable jurisdiction. But although equity has jurisdiction, the validity of the plaintiff’s mortgage on an issue of fraud is a question properly determinable at law; and the plaintiff may therefore file a declaration in trespass against the officer as an amendment of her bill. When that is tried and determined at law, there may be work of adjustment under the bill.

¶2 Hxception overruled.

Smith, J., did not sit: the others concurred.
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