Hubbard v. Greeley
Supreme Judicial Court of Maine
On report. This was a real action for the recovery of a tract of land on Mt. Desert Island containing over forty-six acres, and called the Smallidge lot. Writ dated February 28, 1888. The defendants claimed title by a regular chain of deeds, all seasonably recorded.
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On report. This was a real action for the recovery of a tract of land on Mt. Desert Island containing over forty-six acres, and called the Smallidge lot. Writ dated February 28, 1888. The defendants claimed title by a regular chain of deeds, all seasonably recorded. Among other deeds they introduced one from Seavy and Clark to T. and E. W. Boyd, dated January 26, 1878, and recorded July 15, 1878, which the plaintiff claimed had been placed in escrow and was improperly delivered. The plaintiff claimed title from deed of the Boyds, dated May 27, 1876, recorded September 24, 1887; deed of Seavy…
1Opinion of the CourtWalton, J.
Whether the grantee named in a deed delivered as an escrow, who has wrongfully obtained it and put it on record, can convey a good title to a bona fide purchaser, is a question in relation to which the authorities are in conflict.
In Blight v. Schenck, 10 Pa. St. 285 (51 Am. Dec. 478), the court held, in a full and well reasoned opinion, that the title of a bona fide purchaser could not be defeated by proof that one. of the deeds through which, he Maimed title-was-a,:wrongfully-obtained and a wrongfully-recorded escrow. The court rested its decision on the fact that the custodian of an escrow…
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