Farwell v. Rogers
Massachusetts Supreme Judicial Court
Writ of entry, dated November 28,1865. Plea, nul disseisin. At the trial, before Chapman, J., after the introduction of evidence the material parts of which are stated in the opinion, the case was withdrawn from the jury by consent of the parties, and reported for the determination of the full court.
1Opinion of the CourtFoster, J.
It is a well settled rule in the law of real property, that a warranty deed of land, duly executed and recorded, raises a presumption that the grantor had a title which he could convey, and that he has by his deed vested a seisin in the grantee. In the absence of adverse possession, seisin follows the legal title, and seisin in law carries with it the legal possession. Proprietors of Kennebeck Purchase v. Call, 1 Mass. 484. Ward v. Fuller, 15 Pick. 185. Second Precinct in Rehoboth v. Carpenter, 23 Pick. 131. Towne v. Butterfield, 97 Mass. 105.
Jacob Farwell, to whom the premises were conveyed…
2Cases cited2 opinions
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- M'Neil v. BrightMassachusetts Supreme Judicial Court · 1808
3Cited by17 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901
- City of St. Charles v. De SherliaMissouri Court of Appeals · 1957
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Perry v. WeeksMassachusetts Supreme Judicial Court · 1884
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