Bennett v. Davis
Supreme Judicial Court of Maine
On Report. This was a petition for partition. The petitioner claimed one-undivided sixth of the premises described. The defendant denied the title of the petitioner and claimed to own the whole premises. Three brothers, Elbridge, Henry and Joseph, were once seized of the premises, one-third each.
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On Report. This was a petition for partition. The petitioner claimed one-undivided sixth of the premises described. The defendant denied the title of the petitioner and claimed to own the whole premises. Three brothers, Elbridge, Henry and Joseph, were once seized of the premises, one-third each. Elbridge gave a deed to Henry, wherein he says: “I do hereby remise, release, bargain, sell and convey and forever quitclaim unto the said Henry, his heirs and assigns, forever a certain lot of land with the buildings thereon” (describing the premises of which partition is sought. A copy of the deed…
1Opinion of the CourtEmery, J.
One Elbridge G. Bennett acquired by inheritance and deed a title to one-undivided sixth of the premises sought to be divided. After acquiring that title the only conveyance he made of the premises was by his deed to the petitioner. But before he acquired any title to this one-sixth he executed and delivered to Henry Bennett the deed set out in full in the case. This last named deed was recorded on the day of its date but it does not appear that the petitioner had any notice of it, other than what constructive notice such record would impose upon him. Which grantee is protected under our laws…
2Cases cited2 opinions
- Doswell v. Buchanan's ex'orsSupreme Court of Virginia · 1831
- Farmers' Loan & Trust Co. v. MaltbyNew York Court of Chancery · 1840
3Cited by5 opinions
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- Loose-Wiles Biscuit Co. v. Deering Village Corp.Supreme Judicial Court of Maine · 1946
- Babcock v. WellsSupreme Court of Rhode Island · 1903
- Stearns v. ThompsonSupreme Judicial Court of Maine · 1936
- Libby v. BrooksSupreme Judicial Court of Maine · 1995