Davis v. Blunt
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum fregit, and was tried upon the general issue, before Thatcher, J., at the sittings after the last June term in this county. ' It appears, from the judge’s report of the trial, that before the 25th of July, 1803, one Ebenezer Rowe was seised in fee of the close, and that on that day, by his deed of bargain and sale, for a valuable consideration, he conveyed the same to the plaintiff in fee simple.
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This was an action of trespass quare clausum fregit, and was tried upon the general issue, before Thatcher, J., at the sittings after the last June term in this county. ' It appears, from the judge’s report of the trial, that before the 25th of July, 1803, one Ebenezer Rowe was seised in fee of the close, and that on that day, by his deed of bargain and sale, for a valuable consideration, he conveyed the same to the plaintiff in fee simple. This deed was not acknowledged until the 15th of April, 1807, nor registered until the 17th of the same April. But the plaintiff, immediately after the…
1Opinion of the CourtParker, J.
It is now a well-settled and generally-known princi pie, that where there has been a bona fide conveyance of land, and the grantee has entered under the # deed, and [ * 489 I continued in the open and peaceable occupation of the land granted, a second purchaser cannot avail himself of the first purchaser’s neglect to procure the acknowledgment or registry of his deed ; because, as the whole object of the registry is to give notice, and as there are circumstances within the knowledge of the second purchaser, as strong as the registry of the deed, to satisfy *402him of a previous conveyance, his…
2Cases cited2 opinions
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
3Cited by17 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
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