Hemenway v. Cutler

*408The opinion of .the Court was drawn up by

Appleton, C. J.

The levy, under which the demand-ant claims, was made upon the demanded premises as the real estate of William Hicks, in whom the title appeared by the record to be. But Hicks had, many years before, conveyed his interest in the same to Thomas Murray, by an unrecorded deed,, from whom the title passed, by various mesne conveyances, to one Jones, who gave a bond for a deed to the tenant.

The tenant, Cutler, having a bond for a deed, entered into the occupation of the premises in dispute and, while so in occupation, erected a barn thereon,…