Adams v. Adams
Supreme Court of New Hampshire
Bill in Equity, for the cancellation of a certain instrument purporting to be the deed of Francis P. Adams to the defendant Susan P. Adams, dated August 26, 1909, and of certain deeds from Susan P. Adams to the defendants Warren and Huekins, subsequent in date to the deed from Francis P. The prayer of the bill is that the said deeds be declared null and void and expunged from the record.
Read the full summary
Bill in Equity, for the cancellation of a certain instrument purporting to be the deed of Francis P. Adams to the defendant Susan P. Adams, dated August 26, 1909, and of certain deeds from Susan P. Adams to the defendants Warren and Huekins, subsequent in date to the deed from Francis P. The prayer of the bill is that the said deeds be declared null and void and expunged from the record. Heard by Marble, J., who reported the following facts: The plaintiff is the son, and the defendant Susan P. Adams is the widow, of Francis P. Adams who died June 18,1914. The defendants Warren and Huekins are…
1Opinion of the CourtParsons, C. J.
If Susan P. Adams had no title to the lands conveyed to Warren and to Huckins, the deeds conveyed nothing. But it does not follow that the deeds are void because for this reason these defendants failed to acquire title to the land. Unless some other reason appears for setting the deeds aside, they remain valid. Mrs. Adams is liable on the covenants and the deeds will convey any other title she has or may have to the land. No question has been raised as to the authority of the court to order the deeds “expunged from the records.” The power to make such an order and the method of its practical…
2Cases cited3 opinions
- White v. . WagerNew York Court of Appeals · 1862
- Allen v. HooperSupreme Judicial Court of Maine · 1862
- Savage v. SavageSupreme Judicial Court of Maine · 1888
3Cited by2 opinions
- In re Estate of WilberSupreme Court of New Hampshire · 2013
- Makowiec v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1929