Marsh v. Rice

Where H., having an execution against W., caused it to be extended on W.’s right in equity to redeem certain lands which he had before mortgaged to E. and also to D.; and R., having afterwards agreed with W., E. and 0., to purchase the land, and having paid to E. & D. the sums due in their mortgages, E. acknowledged satisfaction of his mortgage on the margin of the record in the register’s office, and D. by deed released all his rights in the premises to W., who at the same time, by deed, conveyed the land to R. with warranty — It was held, that R. was to be considered- as the assignee of E, and D, and entitled to retain possession of the land against H. until the latter should pay him the amount of the two mortgages.

THIS was a writ of entry, tried here at the last term upon the general issue, when a verdict was taken for the tenant, by consent, subject to the opinion of the court upon the fallowing case : One Silas Whitcomb, being seized in fee, on the 1st of November, 1810, conveyed the demanded premises to a Mr, Harriman, to hold in fee and in mortgage ; and on the 16th of April, 1814, made another mortgage of the same premises to Joshua Darling, Esq. On the 9 th of October, 1815, Betsey Hat horn, then sole, but now the wife of the demandant Marsh, having obtained an execution in her favor against Whitcomb for about 190 dollars, caused it to be extended upon his right ter redeem the demanded premises. On the 12th, of September. 1816, Darling and Harriman being desirous to obtain the money due upon their mortgages, agreed with Whitcomb that the premises should be sold and the purchase money applied to the discharge of the two mortgages and of the execution, so far as it would go. Rice became the purchaser, and paid to Darling and Harriman the amount due on their mortgages, and gave to Marsh, who had previously become the husband of the said B. H., and who was present when this arrangement as to the sale of the premises was made, a promissory note for six dollars, being the balance of the purchase money remaining after the discharge of the mortgages, which note Marsh accepted. Har-riman acknowledged satisfaction of his mortgage on the margin of the record in the register’s office. Darling, by deed dated the 12th of September, 1816, released to Whitcomb all his right to the demanded premises, and Whitcomb, by deed of the same date, conveyed the same premises to Rice in fee with warranty.