Legal Opinion

Gordon v. Haywood

Superior Court of New Hampshire

Decided October 15, 1821PublishedCited by 2 opinions

A conveyance of land without consideration, is not void as to creditors, if after-wards, without notice and for a valuable consideration, the land pass into the hands of a bona Jide purchaser. Land may pass by force of the word “ quit" in a deed. How far husband and wife must join in a deed to pass their respective interests in her land.

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A conveyance of land without consideration, is not void as to creditors, if after-wards, without notice and for a valuable consideration, the land pass into the hands of a bona Jide purchaser. Land may pass by force of the word “ quit" in a deed. How far husband and wife must join in a deed to pass their respective interests in her land. This was a writ of entry, in which the demandant counted upon his own seisin of a tract of land in Nottingham-West, and upon a disseisin by the tenant. The cause was tried here at October term, 1820, upon the general issue, when it appeared in evidence, that…

1Opinion of the CourtWoodbury, J.

William Smith was once the owner of the land in dispute. All his title passed by the deed to P., except as against creditors. The tenant is one of those creditors ; and can hold the land, as it was then conveyed without consideration, unless the subsequent conveyances have cured that defect, and are in such form as to be valid. In respect to the consideration of them, they have cured the former defect ; because the demandant and Denis, through whom the demandant claims, both paid a fujl price, and do not appear to have had any notice of the former want of consideration. 1 Sid. 134.—Holt…

2Cases cited4 opinions

  1. Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
  2. Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
  3. Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
  4. Jackson v. Van DalfsenNew York Supreme Court · 1809

3Cited by2 opinions

  1. Dickinson v. McLaneSupreme Court of New Hampshire · 1876
  2. Crane v. ThurstonSuperior Court of New Hampshire · 1828

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