Hale v. Woods
Superior Court of New Hampshire
WRIT of entry, to recover a tract of land situated partly in Nashua and partly in Hollis, in the county of Hillsbo-rough. The demandant gave in evidence, in support of his title, a deed from Daniel King, for himself and Zachariah King, to the demandant. The tenor of the deed is set forth in the opinion of the court, so that it becomes unnecessary to recite it in the case.
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WRIT of entry, to recover a tract of land situated partly in Nashua and partly in Hollis, in the county of Hillsbo-rough. The demandant gave in evidence, in support of his title, a deed from Daniel King, for himself and Zachariah King, to the demandant. The tenor of the deed is set forth in the opinion of the court, so that it becomes unnecessary to recite it in the case. Daniel King was duly empowered by Zachariah to execute the deed ; and the only question was, whether the deed was duly executed to pass the interest of Zachariah as well as of Daniel — they being tenants in common of the…
1Opinion of the Court
i imi am. J.
The deed of an attorney, to be valid, must be in the name, and purport to be the act and deed of the principal. 7 Mass. R. 14, Fowler vs. Shearer; 16 Ditto 42, Elwell vs. Shaw; 1 Greenl. R. 231, Stinchfield vs. Little; Ditto 339, Elwell vs. Shaw; 5 N. H. Rep. 459, Cofran vs. Cochran; 7 N. H. Rep. 484, Montgomery vs. Dorion. But whether such is the purport of an instrument must be determined from its general tenor, and not from any particular clause. Such construction must be given in this as well as in other questions arising on conveyances, as shall make every part of the…
2Cases cited4 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Bridge v. WellingtonMassachusetts Supreme Judicial Court · 1804
- Jackson v. BlodgetNew York Supreme Court · 1819
- Patience Montgomery v. DorionSuperior Court of New Hampshire · 1835