Maynard v. Maynard
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, brought to recover posses sion of a certain tract of land in Marlborough, wherein the demand-ant counts upon his own seisin within thirty years, and upon a disseisin by the tenants.
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This was a writ of entry sur disseisin, brought to recover posses sion of a certain tract of land in Marlborough, wherein the demand-ant counts upon his own seisin within thirty years, and upon a disseisin by the tenants. A trial was had upon the general issue, at the sittings in this county after the last October term, before Parker, J., who reports that the demandant’s title is unquestioned, unless taken away by a certain deed, now cancelled, which purports to convey the same to his son, Abel Maynard, deceased, under whom the tenants claim to hold the same, the said Nancy being the widow,…
1Opinion of the Court
* Per Curiam.
It is very clear that there was no delivery of this deed, so as to give it the effect of passing the estate from the demandant to his son, as whose widow and heirs the tenants claim. The act of registering a deed does not amount to a delivery of it; there not appearing any assent on the part of the son, or even any knowledge that the deed had been executed in his favor, (a) A delivery of a deed, duly executed and acknowledged, to the Register of deeds, aided by a subsequent possession of the deed by the grantee, might be evidence of a delivery to him.
But the facts in the case at…
2Cases cited16 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Marbury v. BrooksSupreme Court of the United States · 1822
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- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
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