Runlet v. Otis
Superior Court of New Hampshire
Where two demandants join in a real action, and one only makes out a title t© the demanded premises, the tenant is entitled to a verdict against both. Where A, conveyed land to B, merely for the purpose of enabling B. to convey the same land to C> who had paid*#, for the land, it was held that the conveyance from A, to B. could not enure to the benefit of persons claiming the land, under a previous conveyance from B. to them.
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Where two demandants join in a real action, and one only makes out a title t© the demanded premises, the tenant is entitled to a verdict against both. Where A, conveyed land to B, merely for the purpose of enabling B. to convey the same land to C> who had paid*#, for the land, it was held that the conveyance from A, to B. could not enure to the benefit of persons claiming the land, under a previous conveyance from B. to them. Where there was a conveyance of land by deed, and at the same time an agreement in writing, but not underseal, was entered into, that the land should be re-conveyed upon…
1Opinion of the CourtRichardson, C. J.
The law, which must govern the decision in this case, is extremely clear. The demandants have counted upon a joint seisin, and cannot prevail, unless they shew such a seisin. When the land was conveyed by Durell to Samuel Langley, and by him to the tenant, one of the demandants was present, and without disclosing his claim to the land. *169advised the parties to draw their conveyance in the manner that was adopted. This was a fraud, which will preclude him from recovering the land against the tenant. It is then unnecessary to determine what effect that fraud had upon the right of the other…
2Cases cited2 opinions
- Lund v. LundSuperior Court of New Hampshire · 1817
- Marsh v. RiceSuperior Court of New Hampshire · 1818
3Cited by7 opinions
- Wark v. WillardSuperior Court of New Hampshire · 1843
- Wells v. PierceSuperior Court of New Hampshire · 1853
- Watkins v. PeckSuperior Court of New Hampshire · 1843
- Goodall v. New England Mut. Fire Ins.Superior Court of New Hampshire · 1852
- Marshall v. PierceSuperior Court of New Hampshire · 1841
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