Stone v. Ashley
Superior Court of New Hampshire
Writ of entry. The tenants disclaimed all the demanded premises except twenty-five and one half acres, as to which they pleaded nul disseizin. The demandant offered in evidence a deed executed by one Freeland Whitcomb, dated on the 10th day of February, 1838, and conveying the premises to the demandant in fee and in mortgage. It was acknowledged before a magistrate, and at that time was attested by one witness only.
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Writ of entry. The tenants disclaimed all the demanded premises except twenty-five and one half acres, as to which they pleaded nul disseizin. The demandant offered in evidence a deed executed by one Freeland Whitcomb, dated on the 10th day of February, 1838, and conveying the premises to the demandant in fee and in mortgage. It was acknowledged before a magistrate, and at that time was attested by one witness only. It appeared that Whitcomb carried the deed home with him, where his wife signed it ; but there was no witness to her signature, and in this condition it was recorded. Soon after…
1Opinion of the CourtGilchrist, J.
The 4th section of the act of February 10th, 1791, N. H. Latos 191, (Ed. of 1815,) provides that a deed, attested by two or more witnesses, acknowledged and recorded, shall be valid to pass land, and that no deed of bargain and sale, &c., shall be effectual in law, against any person but the grantor and his heirs, unless it be acknowledged and recorded.
This statute has been construed to declare what shall constitute a valid conveyance, but to contain no negative, either in its terms or in sense. French vs. French, 3 N. H. Rep. 263. In that case it is held that the statute in express terms…
2Cases cited2 opinions
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- French v. FrenchSuperior Court of New Hampshire · 1825
3Cited by7 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
- Hastings v. CutlerSuperior Court of New Hampshire · 1852
- Underwood v. CampbellSuperior Court of New Hampshire · 1843
- Barker v. BeanSuperior Court of New Hampshire · 1852
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