Brown v. Manter
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close, particularly described in the writ, situated in Auburn, and cutting down and carrying away twelve of the plaintiff’s trees there growing, and five cords of the plaintiff’s wood; and other wrongs, &c. Plea, the general issue.
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Trespass, for breaking and entering the plaintiff’s close, particularly described in the writ, situated in Auburn, and cutting down and carrying away twelve of the plaintiff’s trees there growing, and five cords of the plaintiff’s wood; and other wrongs, &c. Plea, the general issue. It was admitted upon the trial, that the defendant cut down, upon the land described in the plaintiff’s writ, seven pine trees of the value of two dollars and twenty cents each, and drew them away. In support of his title the plaintiff offered in evidence a deed from Benjamin Pierce and Samuel Pierce to Nathaniel…
1Opinion of the CourtEastman, J.
The exception taken to the deed from the Pierces to Brown cannot prevail. The object of the enrolment of a deed is to give public notice to all, of the sale and transfer of the property conveyed. So far as the parties are concerned or those who have notice of the existence of the deed, the enrolment is not essential to its validity. The statute of enrolments was enacted for the benefit of subsequent purchasers and creditors, and not for the benefit of wrong-doers or strangers. But an attachment or purchase, made with the knowledge of the existence of a prior unrecorded deed, secures no rights…
2Cases cited9 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Bush v. GoldenSupreme Court of Connecticut · 1846
- Jackson ex dem. Hunter v. PageNew York Supreme Court · 1830
- Butler v. StevensSupreme Judicial Court of Maine · 1847
- Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re BeemanUnited States Bankruptcy Court, D. New Hampshire · 1999
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- French v. Bank of NY MellonDistrict Court, D. New Hampshire · 2011
- Burnham v. PlantSupreme Court of New Hampshire · 1876