Boody v. Davis
Superior Court of New Hampshire
Writ ok Entry, upon a mortgage. Tbe deed offered in evidence by tbe demandants contained tbe condition tbat it should be void, “if tbe defendant, bis beirs, &c., shall well and truly pay into tbe Savings Bank, in Dover, known by the name of tbe Strafford Savings Bank, or tbe president and directors, their beirs and assigns, tbe fall one half part of a note signed by David Davis, John Chadwick, Solomon Hayes and Joseph Boody, and keep the said Boody harmless from the one full…
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Writ ok Entry, upon a mortgage. Tbe deed offered in evidence by tbe demandants contained tbe condition tbat it should be void, “if tbe defendant, bis beirs, &c., shall well and truly pay into tbe Savings Bank, in Dover, known by the name of tbe Strafford Savings Bank, or tbe president and directors, their beirs and assigns, tbe fall one half part of a note signed by David Davis, John Chadwick, Solomon Hayes and Joseph Boody, and keep the said Boody harmless from the one full half part, and John Chadwick is in for the other half.” It appeared in evidence that the mortgage was duly signed and…
1Opinion of the CourtWilcox, J.
The evidence was competent to show a delivery of the deed. It was duly executed and acknowledged, and was sent to the office of the register of deeds to be recorded. This was all done by the tenant, and it was his intent that the title and the deed should pass to the grantees. The demandants have assented to the delivery.- They have received the deed, have brought their action upon it, and upon the trial have produced the deed in court.
Possession held by the grantee of a deed duly executed, is alone competent evidence of a delivery, for things shall be presumed legally and properly in their…
2Cases cited1 opinion
- Edgell v. StanfordSupreme Court of Vermont · 1831
3Cited by4 opinions
- Benton v. SumnerSupreme Court of New Hampshire · 1876
- Benton v. SumnerSupreme Court of New Hampshire · 1876
- Comtois v. MAK Investments, LLC (In Re Comtois)United States Bankruptcy Court, D. New Hampshire · 2007
- In re GosselinUnited States Bankruptcy Court, D. New Hampshire · 1992