Smith v. Smith
Superior Court of New Hampshire
Writ ok Entry, to recover a tract of land situated in Ac-worth, containing about eighty-two acres. Plea, nul disseizin. The demandant, Henry Smith, Jr. gave in evidence a deed of warranty, conveying the demanded premises from his father, Henry Smith, to the demandant, dated on the 14th day of April, A. D. 1886, and duly acknowledged and recorded.
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Writ ok Entry, to recover a tract of land situated in Ac-worth, containing about eighty-two acres. Plea, nul disseizin. The demandant, Henry Smith, Jr. gave in evidence a deed of warranty, conveying the demanded premises from his father, Henry Smith, to the demandant, dated on the 14th day of April, A. D. 1886, and duly acknowledged and recorded. It was admitted that the demandant entered and took possession of the premises described in this deed, and remained in possession thereof until the 19th day of May, A. D. 1843. The.tenant, Eranldin A. Smith, then offered in evidence a deed executed…
1Opinion of the CourtGilchrist, J.
The case finds that on the 14th day of April, 1836, the demandant’s father conveyed to him the premises, and that he entered and took possession. On the same day the demandant mortgaged the premises to his father, to secure a debt, and on the 18th day of April, 1840, the father conveyed the premises to N. G. Smith, but did not deliver or transfer to him the notes.
The first question then is, whether N. G. Smith took any interest by virtue of this conveyance. In the case of Bell vs. Morse, 6 N. H. Rep. 210, it is said by the court that “ under certain circumstances a conveyance of the land by…
2Cases cited4 opinions
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Aymar v. BillNew York Court of Chancery · 1821
- Hinkley v. DavisSuperior Court of New Hampshire · 1833
- Peterborough v. LancasterSuperior Court of New Hampshire · 1843
3Cited by4 opinions
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
- Downer v. ButtonSuperior Court of New Hampshire · 1853
- Lamprey v. NuddSuperior Court of New Hampshire · 1854
- Nichols v. SmithSuperior Court of New Hampshire · 1853