Morse v. Child
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Bath, in this county. The cause was tried upon the general issue, at May term, 1833. It appeared in evidence, that L. Pulsifer and H. Wells, being- seized of the demanded premises, on 23d September, 1812, by deed, conveyed the same to Joseph tifield, in fee. This deed was recorded January 18, 1814. On the 18th August, 1826, Fifield, by deed, conveyed the same premises to the demandant.
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This was a writ of entry, brought to recover a tract of land in Bath, in this county. The cause was tried upon the general issue, at May term, 1833. It appeared in evidence, that L. Pulsifer and H. Wells, being- seized of the demanded premises, on 23d September, 1812, by deed, conveyed the same to Joseph tifield, in fee. This deed was recorded January 18, 1814. On the 18th August, 1826, Fifield, by deed, conveyed the same premises to the demandant. The tenants then showed, that at the time the land was conveyed to the demandant, and for a long time before, they had been in possession of the…
1Opinion of the CourtGreen, J.
A new trial is claimed in this case, because the evidence, offered by the tenants to prove the agreement between Fifield, and Pulsifer & Wells, to cancel the deed, was rejected. But we are of opinion that the evidence was rightly rejected. It has been settled that a mere agreement to cancel a deed, without actually cancelling it, cannot have the effect of a reconveyance. 4 N. H. Rep. 191, Farrar v. Farrar.
Another ground, on which a new trial is claimed, is, that the demandant is estopped to claim the land against the tenants, because Fifield, whose title the demandant has, was an appraiser in…
2Cases cited1 opinion
- Farrar v. FarrarSuperior Court of New Hampshire · 1827
3Cited by8 opinions
- Cowden v. BellTexas Supreme Court · 1957
- Thompson v. SanbornSuperior Court of New Hampshire · 1840
- Cowden v. BellCourt of Appeals of Texas · 1956
- Barrett v. BarronSuperior Court of New Hampshire · 1842
- Watkins v. PeckSuperior Court of New Hampshire · 1843
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