Jewell v. Porter & Rolfe
Superior Court of New Hampshire
Petition, for partition of 'certain real estate situate in Deerfield, in the county of Rockingham, entered at the superior court of judicature, December term, 1852, in which the petitioner claims to be seized as tenant in common with certain petitionees, of two undivided third parts of the same, and prays to have his share thereof set off to him in severalty.
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Petition, for partition of 'certain real estate situate in Deerfield, in the county of Rockingham, entered at the superior court of judicature, December term, 1852, in which the petitioner claims to be seized as tenant in common with certain petitionees, of two undivided third parts of the same, and prays to have his share thereof set off to him in severalty. The said Porter & Rolfe appeared and filed their plea, setting forth: 1. That they did not hold said real estate, or any part thereof, together and undivided with the petitioner. 2. That they were sole seized thereof in their demesne, as…
1Opinion of the CourtEastman, J.
The deeds of Samuel Barnard, senior, to Tucke, and from Tucke to Elizabeth Barnard, dated January 1,1811, gave a good title to Elizabeth Barnard.
A conveyance cannot be made by the husband directly to the wife. Martin v. Martin, 1 Greenl. Rep. 394; 2 Kent’s Com. 129. But it may be done through the intervention of third persons; and the deed, if recorded, will pass the premises, if there are no creditors to interfere.
A voluntary conveyance is good against an heir-at-law. Kimball v. Eaton, 8 N. H. Rep. 391. It is good against all but creditors and purchasers without notice. In Marshall v.…
2Cases cited8 opinions
- Jackson ex dem. Gilbert v. BurgottNew York Supreme Court · 1813
- Jackson ex dem. Hunter v. PageNew York Supreme Court · 1830
- Butler v. StevensSupreme Judicial Court of Maine · 1847
- Montgomery v. DorionSuperior Court of New Hampshire · 1833
- Wark v. WillardSuperior Court of New Hampshire · 1843
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