Perham v. Lane

• Decision Date: 04 June 1912
• Citation: 83 A. 805,76 N.H. 580
• Parties: PERHAM v. LANE.
• Court: New Hampshire Supreme Court

83 A. 805

76 N.H. 580

PERHAM

v. LANE.

Supreme Court of New Hampshire. Merrimack.

June 4, 1912.

Exceptions from Superior Court, Merrimack County; Pike, Judge.

Action by Margaret A. Perham against Nellie W. Lane. Decree for plaintiff, and defendant excepts. Exceptions overruled.

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. The defendant's motion for a nonsuit was denied, and she excepted. A previous bill had been filed on account of a default of an interest payment. The amount then due, with the costs, was paid; but the bill had not been dismissed when the present one was filed. The defendant moved that this bill be dismissed because of the pendency of the prior one. The motion was denied, and she excepted. No evidence was introduced by the defendant. A decree for the plaintiff was ordered, and the defendant filed a bill of exceptions.

Remick & Jackson, of Concord, for plaintiff.

Hugh Moore, of Nashua, for defendant.

PEASLEE, J. 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, 45 Atl. 404. The 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.

Exceptions overruled. All concurred.