Gillespie v. Rogers
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Chatham. At the trial in the Superior Court, before Mason, J., without a jury, evidence was introduced tending to show the following facts. On February 27, 1851, James FT. Howes, who was then the owner of the demanded premises, conveyed them to his brother, Henry FT. Howes, by a deed, duly recorded on July 26, 1851, in which he called himself James Howes, and which he so signed.
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Writ oe entry to recover a parcel of land in Chatham. At the trial in the Superior Court, before Mason, J., without a jury, evidence was introduced tending to show the following facts. On February 27, 1851, James FT. Howes, who was then the owner of the demanded premises, conveyed them to his brother, Henry FT. Howes, by a deed, duly recorded on July 26, 1851, in which he called himself James Howes, and which he so signed. On March 21, 1870, Henry N. Howes conveyed the premises to the demandants, who were the daughters of James FT. Howes, and who thereupon took possession of the same. James…
1Opinion of the CourtC. Allen, J.
There can be no doubt that the deed which was executed by James N. Howes, in which he called himself James Howes, was good as against him and his heirs and devisees. The omission of the initial letter of his middle name did not vitiate the grant. And it was competent to show that he was as well known without a middle name as with one. Shep. Touch. 232, 288. 3 Washb. Real Prop. (5th ed.) 278, 281. Games v. Stiles, 14 Pet. 322, 327. The same rule exists in case of a mistake in the name of the grantee. Hall v. Leonard, 1 Pick. 27, 30. Thomas v. Marshfield, 10 Pick. 364, 367. Scanlan v. Wright,…
2Cases cited9 opinions
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
- Sykes v. KeatingMassachusetts Supreme Judicial Court · 1875
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1877
- Ouimet v. SiroisMassachusetts Supreme Judicial Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
- Pierce v. BrushartOhio Supreme Court · 1950
- Bridges v. HartMassachusetts Supreme Judicial Court · 1939
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
- Johnson v. HessIndiana Supreme Court · 1890
16 more not listed; retrieve them via the Exa API.