42 N.H. 160 | N.H. | 1860
By the allegations of the bill it appears that the plaintiff, Richard E. Brown, conveyed a farm in
No request is alleged, or pretended to have been made to either of the defendants to rectify the mistake before the bill was filed, and they now, at the first term, come forward and without hesitation make a good note and mortgage.
And the question is, shall they be charged with the costs of a suit brought against them under such circumstances ? We are of opinion that it would be inequitable and unjust, in such a case, to allow the plaintiff costs.
We are inclined very much to doubt if it would be in the power of a married woman to take advantage of a defect in her mortgage, without thereby avoiding the deed to herself, and, in that case, a party situated like the plaintiff would incur no risk of any ultimate loss.
If the defendants had at once tendered to the plaintiff a deed in correct form, we should have thought it a case where they ought to have been allowed costs, if the deed
Bill dismissed without costs.