76 N.H. 580
83 A 805
Supreme Court of New Hampshire
Decided June 4, 1912
Supreme Court of New Hampshire · decided 1912-06-04
Bill in Equity, to foreclose a mortgage. The defendant filed an answer denying the execution of the conveyance and also alleging that if she did it was to secure the payment of her husband's debt. Upon the trial the plaintiff produced evidence showing that the mortgage was given by the defendant to secure the purchase price of the property mortgaged, and that there was a default both as to interest and principal.
Relies on State Ex Rel. Borthwick v. Harrington
Good law ✅— No negative treatment on recordhow we know
Decided 1912-06-04
Cited by 3 later decisions — most recently January 1932
3 state decisions
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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¶1 The defendant's counsel has not furnished a brief, and no debatable question has been found in the case. The evidence, instead of being conclusive in favor of the defendant, was conclusive against her. State v. Harrington, 69 N. H. 496. The *581 former bill was for an earlier default and not for those relied upon here. In such a case the doctrine that a second suit must abate has no application.
¶2 Exceptions overruled.
¶3 All concurred.