Tomson v. Ward
Superior Court of New Hampshire
THIS was a writ of entry, and was tried here at the last term upon the general issue, when it appeared in evidence, and from the admission of the parties, that James Osgood being seized of the demanded premises in fee on the 11th day of May, 1803, by his deed, duly executed and acknowledged, conveyed them to one Levi Sanborn, who paid him a part of the consideration, and gave a promissory note for the remainder.
Read the full summary
THIS was a writ of entry, and was tried here at the last term upon the general issue, when it appeared in evidence, and from the admission of the parties, that James Osgood being seized of the demanded premises in fee on the 11th day of May, 1803, by his deed, duly executed and acknowledged, conveyed them to one Levi Sanborn, who paid him a part of the consideration, and gave a promissory note for the remainder. Sanborn immediately entered and built a dwelling house upon the land. In November, A. D. 1803, Sanborn's house, together with his unrecorded deed, were consumed by fire. Sanborn and…
1Opinion of the Court
Bell, J.*
The case affords no evidence of fraud in relation to the claims of either party. They are, therefore, to be considered as equally innocent purchasers. The attachment of Hutchins was prior to the recording of the deed to Tom-son, and consequently vested in Hutchins whatever title Sanborn had at the time of the attachment. The question therefore to be decided is, whether Sanborn was the owner of the premises at the time of the attachment.
The agreement between Sanborn and Osgood, after the loss of Sanborn’s deed, that the title of the land should revest in Osgood, to be conveyed to…
2Cases cited3 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
3Cited by3 opinions
- Farrar v. FarrarSuperior Court of New Hampshire · 1827
- Mussey v. HoltSuperior Court of New Hampshire · 1851
- Appeal of Simplex Wire & Cable Co.Supreme Court of New Hampshire · 1988