M'Mechan v. Griffing
Massachusetts Supreme Judicial Court
Entry sur disseisin. Trial upon the general issue. The demandant derived his title under an attachment of the land, on the 6th of May, 1822, as the estate of one Timothy Griffing, and a subsequent levy. The tenant, to defeat this title, relied upon a title in himself previously acquired from the same Timothy Griffing.
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Entry sur disseisin. Trial upon the general issue. The demandant derived his title under an attachment of the land, on the 6th of May, 1822, as the estate of one Timothy Griffing, and a subsequent levy. The tenant, to defeat this title, relied upon a title in himself previously acquired from the same Timothy Griffing. He proved that on the 20th of September, 1820, his father died seised of the premises demanded, together with other real estate, leaving five children, of whom Timothy was one ; that on the 9th of May, 1821, the children made an amicable division of the estate which had…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. By the provincial statute of 9 Will. 3, c. 7, it is provided that no bargain, sale, mortgage, or other conveyance of houses or lands, made and executed within this province, shall be good and effectual in law to hold such houses or lands against any person or persons, but the grantor or grantors, and their heirs only, unless the deed or deeds thereof be acknowledged and recorded.
*153A provision nearly similar is contained in St. 1783, c. 37, directing the mode of transferring real estates by deed, and fot preventing fraud therein.
It is said that it was…
2Cases cited16 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
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