Hastings v. Cutler
Superior Court of New Hampshire
Writ or Entry, for land in Andover, in this county. Plea, nul disseizin. Both parties claim title under Erie W. Stewart, the plaintiff, by a mortgage deed, dated Jan. 1st, 1849, signed, sealed, witnessed by one witness, and recorded March 16th, 1849 : the defendants, under an attachment in mesne process, made by them in a suit against Erie W. Stewart, Jan. 25,1851, and the extent of an execution on a judgment recovered in that suit, March term, 1851. At the time of their…
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Writ or Entry, for land in Andover, in this county. Plea, nul disseizin. Both parties claim title under Erie W. Stewart, the plaintiff, by a mortgage deed, dated Jan. 1st, 1849, signed, sealed, witnessed by one witness, and recorded March 16th, 1849 : the defendants, under an attachment in mesne process, made by them in a suit against Erie W. Stewart, Jan. 25,1851, and the extent of an execution on a judgment recovered in that suit, March term, 1851. At the time of their attachment the defendants knew of the record of the mortgage deed from Stewart to the plaintiff, and the officer in his…
1Opinion of the CourtPerley, J.
The statute of February 10, 1791, § 4, enacted that no deed of any greater estate than a term of seven years in any lands, tenements, hereditaments, should be “ good and effectual in law to hold such lands, tenements or hereditaments against any other person or persons but the grantor or grantors *482and their heirs only, unless the deed or deeds thereof be acknowledged and recorded,” in the manner provided by that statute.
Under that statute it has been held that a deed not executed in the manner therein provided would convey the title of the grantor as against him and his heirs. French v.…
2Cases cited3 opinions
- French v. FrenchSuperior Court of New Hampshire · 1825
- Stone v. AshleySuperior Court of New Hampshire · 1842
- Olmstead v. NilesSuperior Court of New Hampshire · 1835
3Cited by3 opinions
- Eadie v. ChambersCourt of Appeals for the Ninth Circuit · 1909
- Bezanson v. Laconia Savings Bank (In re Bertholet Enterprises, Inc.)United States Bankruptcy Court, D. New Hampshire · 1987
- Salvage v. HaydockSupreme Court of New Hampshire · 1896