Farrar v. Farrar
Superior Court of New Hampshire
Covenant broken. The plaintiff alleged, that the defendant by deed dated 18th November, 1822, conveyed to him, the plaintiff, a tract of land, and covenanted that he, lite defendant, at the time of making the deed, was seized in fee, when in fact he was not so seized, but by his deed dated May 31, 1.811, had conveyed an undivided half of the land to John Pierce.
Read the full summary
Covenant broken. The plaintiff alleged, that the defendant by deed dated 18th November, 1822, conveyed to him, the plaintiff, a tract of land, and covenanted that he, lite defendant, at the time of making the deed, was seized in fee, when in fact he was not so seized, but by his deed dated May 31, 1.811, had conveyed an undivided half of the land to John Pierce. The defendant alleged in his plea that at the time of making said deed on wllicit the plaintiff declares he was siezed, upon which issue was joined. The cause was tried here at May term, 1827, when it appeared in evidence, that the…
1Opinion of the CourtRichardson, C. J.
It is well settled, that the cancelling of a deed does not revest property which has once passed under it by transmutation of possession. Jackson v. Chase, 2 Johns. 84; Marshal v. Fisk, 6 Mass. Rep. 24; 4 Barnewell and A. 672; Doe v. Bingham; 3 D. & E. 156; 2 H. Black. 263; 1 Ventris 296, Woodward v. Aston; 6 East 86, Roe v. The Arcnbishop of York; 2 Levintz 113, Nelthorpe v. Dorrington; Shep. Touch. 69—70.
And in all cases a mere agreement to cancel a deed without actually cancelling it is without effect. Thus Shepherd in his Touchstone, 70, says “ if an obligee deliver up an obligation to be…
2Cases cited5 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Dana v. NewhallMassachusetts Supreme Judicial Court · 1816
- Tomson v. WardSuperior Court of New Hampshire · 1816
3Cited by4 opinions
- Cowden v. BellTexas Supreme Court · 1957
- Morse v. ChildSuperior Court of New Hampshire · 1834
- Barrett v. BarronSuperior Court of New Hampshire · 1842
- Mussey v. HoltSuperior Court of New Hampshire · 1851