Rogers v. Jones
Superior Court of New Hampshire
Writ of entry, to recover a farm in Peeling. Upon the trial it appeared, that one Samuel Newhall, being seized of the demanded premises, in the morning of the 11th of September, 1830, made a deed conveying the same to Sally Jones, the wife of the tenant, in fee, with a condition, that if she should pay to the grantor $205 50, in four years, with interest annually, the deed was to remain in force, but otherwise to be void.
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Writ of entry, to recover a farm in Peeling. Upon the trial it appeared, that one Samuel Newhall, being seized of the demanded premises, in the morning of the 11th of September, 1830, made a deed conveying the same to Sally Jones, the wife of the tenant, in fee, with a condition, that if she should pay to the grantor $205 50, in four years, with interest annually, the deed was to remain in force, but otherwise to be void. This deed was delivered to said Sally at the time it was made, and then returned to Newhall, that he might go with it to a justice of the peace and acknowledge it. Rogers,…
1Opinion of the CourtParker, J.
Both parties claim title under Samuel New-hall, who was once the owner of the premises. Both offer in evidence the deeds of Newhall. The deed to the wife of the tenant was first signed, sealed, and in fact delivered. The deed to the demandant was first placed upon the record. Under these circumstances the demandant must prevail, unless he had notice of the existence of the deed *268to the tenant’s wife. If he is chargeable with actual or constructive notice of the existence of the prior conveyance, such notice will have the same operation in this case as a record.
There is no doubt that the…
2Cases cited9 opinions
- Sterry v. ArdenNew York Court of Chancery · 1814
- Lessee of Billington v. WelshSupreme Court of Pennsylvania · 1812
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Davis v. BluntMassachusetts Supreme Judicial Court · 1810
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3Cited by9 opinions
- Sawin v. CarrSupreme Court of New Hampshire · 1974
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
- Michalski v. United StatesNew Jersey Superior Court Appellate Division · 1958
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
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