Stevens v. Morse
Supreme Court of New Hampshire
Writ of entry for several tracts of land in Rumney. Susan Morse died after the commencement of the suit, and before the pleas were pleaded. Stephen S. Morse, the other defendant, as to part of the demanded premises, pleaded non tenure, and nul disseizin as to the residue. The plaintiff joined issue on the plea of nul disseizin, and replied to the plea of non tenure, affirming the seizin of the defendant as alleged in the writ.
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Writ of entry for several tracts of land in Rumney. Susan Morse died after the commencement of the suit, and before the pleas were pleaded. Stephen S. Morse, the other defendant, as to part of the demanded premises, pleaded non tenure, and nul disseizin as to the residue. The plaintiff joined issue on the plea of nul disseizin, and replied to the plea of non tenure, affirming the seizin of the defendant as alleged in the writ. The demandant claimed title under a mortgage to himself from Timothy Morse, dated Aug. 27, I860, acknowledged the same day at New-bury, Yt., before C. B. Lesley, who…
1Opinion of the CourtSmith, J.
The ruling, "that without acknowledgment or record, the deed was sufficient to transfer the seizin and title of Timothy Morse to the plaintiff,” was correct. If the plaintiff’s deed is to be regarded as unacknowledged, and therefore not properly recorded, that does not prevent him from occupying the same position his immediate grantor would have occupied in a controversy with this defendant, who is not a creditor of, or a subsequent purchaser from, such grantor., An unrecorded deed, being good against the grantor and his heirs, must operate to convey to the grantee all the grantor’s title, as…
2Cases cited5 opinions
- Fowler v. StoneumTexas Supreme Court · 1854
- Hawley v. FooteNew York Supreme Court · 1838
- Ricker v. HamMassachusetts Supreme Judicial Court · 1817
- Robinson v. MartelTexas Supreme Court · 1853
- Foster v. WaltonSupreme Court of Pennsylvania · 1836
3Cited by1 opinion
- Erricola v. Gaudette (In Re Gaudette)United States Bankruptcy Court, D. New Hampshire · 1999