Legal Opinion

Pray v. Pierce

Massachusetts Supreme Judicial Court

Decided May 15, 1811PublishedCited by 33 opinions

This was a writ of entry, brought to recover possession of a parcel of land in Lebanon, in this county, and was tried upon the general issue, before Thatcher, J., at the last October term in this county. At the trial, the defendant read in evidence a deed of William Rogers to Benjamin Gowell, by which, for the consideration of £40, Rogers bargained and sold to Gowell the demanded premises, with the usual covenants and warranty.

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This was a writ of entry, brought to recover possession of a parcel of land in Lebanon, in this county, and was tried upon the general issue, before Thatcher, J., at the last October term in this county. At the trial, the defendant read in evidence a deed of William Rogers to Benjamin Gowell, by which, for the consideration of £40, Rogers bargained and sold to Gowell the demanded premises, with the usual covenants and warranty. The deed bore date July 7th, 1779, and was recorded February 28th, 1805 ; also, a deed, dated November 23d, 1785, duly acknowledged, and recorded November 1st, 1810,…

1Per curiam

Several questions arise on the exceptions allowed by the judge in this cause.

The first is, that Hovey, not having recovered his title-deed until after the deed from the collector to Ciarle, the record was not evidence of Hovey's seisin under that deed until it was so recorded.

But we are of a different opinion. The deed of Rogers' to Cowell, and of Cowell to Hovey, related back to the time of their execution, and shall be evidence of a seisin from that time against all persons, except a subsequent purchaser from Rogers to Cowell without notice.

[ * 383 ] * Another exception is, that, at the…

2Cases cited1 opinion

  1. Wallis v. WallisMassachusetts Supreme Judicial Court · 1808

3Cited by33 opinions

  1. Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
  2. Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
  3. Hall v. BlissMassachusetts Supreme Judicial Court · 1875
  4. Dow v. DowMassachusetts Supreme Judicial Court · 1923
  5. Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832

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