Legal Opinion

De Witt v. Moulton

Supreme Judicial Court of Maine

Decided June 15, 1840PublishedCited by 3 opinions

Exceptions from the Court of Common Pleas, Perham J. presiding. Replevin for a house frame, boards, &c. In his brief statement the defendant alleged the property to be in one Calvin Copeland, whose servant he was, To prove property in himself the plaintiff offered in evidence a deed of mortgage from Benjamin Morgridge to Elisha Foster, dated Nov. 18, 1836‘, of certain land on which the frame had stood, and claimed property in the frame, under a bill of sale from poster,…

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Exceptions from the Court of Common Pleas, Perham J. presiding. Replevin for a house frame, boards, &c. In his brief statement the defendant alleged the property to be in one Calvin Copeland, whose servant he was, To prove property in himself the plaintiff offered in evidence a deed of mortgage from Benjamin Morgridge to Elisha Foster, dated Nov. 18, 1836‘, of certain land on which the frame had stood, and claimed property in the frame, under a bill of sale from poster, dated April 11, 1837. The mortgage to Foster was recorded in the registry of deeds for the county of Penobscot, Nov.…

1Opinion of the Court

The opinion of tho Court was by

Weston C. J.

The plaintiff derives title, from Elisha Foster, whose right to the property in question, is based upon a deed from Benjamin Morgridge. That deed was recorded, without being acknowledged. We are satisfied, that it derived no validity from the registry. That acknowledged deeds only are entitled to be recorded, is very clearly implied from the stat. of 1821, c. 36, §> 2, which makes a copy of a deed not acknowledged, left in the register’s office, a caution to all persons against purchasing, or levying upon land so conveyed, for the space of forty…

2Cases cited1 opinion

  1. McNeil v. MageeU.S. Circuit Court for the District of Massachusetts · 1829

3Cited by3 opinions

  1. Lovell v. OsgoodSupreme Court of New Hampshire · 1880
  2. Smith v. TimNew York Court of Common Pleas · 1884
  3. Hull v. Bishop (In re Bishop)United States Bankruptcy Court, D. Maine · 2016

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