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Noyes v. Richardson

Noyes v. Richardson.

Noyes v. Richardson, 59 N.H. 490 (1879)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
December 5, 1879
Judges
Clark, Allen
Citations
59 N.H. 490
Headnotes
In a writ of entry on a mortgage, the declaration may he amended so as to embrace a lot of land included in the mortgage and accidentally omitted from the description of the mortgaged premises in the declaration.
Summary
Writ oe Entry, on a mortgage. The plaintiff was allowed to amend so as to embrace a lot of land omitted by mistake from the declaration, but covered by the mortgage; and the defendant excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clark

Clark, J.

The amendment cured a defective description of the land embraced in the mortgage. It changed neither the form nor the cause of action. If the plaintiff had brought separate actions for the foreclosure of his mortgage upon the separate parcels of land, the court would have consolidated them, upon a suggestion that the several parcels were embraced in one mortgage; and upon the same principle, to save an additional bill of costs, this amendment should be allowed. Its allowance imposed no hardship upon the defendant: its rejection would have caused injustice to both parties.

Stebbins v. Insurance Co., 59 N. H. 143.

-Exceptions overruled.

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

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DepthCaseCited by
Stebbins v. Lancashire Ins., 59 N.H. 143 (1879) 17

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