Kimball v. Blaisdell
Superior Court of New Hampshire
This was a writ of entry and was submitted to the decision of the court upon the foregoing facts. One John Brown, being seized of the demanded premises, on the 4th May, 1827, conveyed the same to Gordon Burley, who afterwards gave Brown a bond to re-convey the land upon the payment $200. On the 21st November, 1828, Brown conveyed the same premises to thg demandant, with warranty against the claims of all persons claiming by, from, or under him the said Brown On the 29th…
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This was a writ of entry and was submitted to the decision of the court upon the foregoing facts. One John Brown, being seized of the demanded premises, on the 4th May, 1827, conveyed the same to Gordon Burley, who afterwards gave Brown a bond to re-convey the land upon the payment $200. On the 21st November, 1828, Brown conveyed the same premises to thg demandant, with warranty against the claims of all persons claiming by, from, or under him the said Brown On the 29th April, 1829, the demandant having the bond given by Burley, -as aforesaid, paid Burley $225, anc| took a deed of the land in…
1Opinion of the CourtRichardson, C. J.
John Brown had nothing in the land, when lie con-⅛* veyed to the denflndant, and it is clear, that the de-,J *%lhndant cannot recover in this action, unless he can avail himself of the title, which Brown subsequently acquired.
If the tenant had been apprised of the fact, that the money paid to Burley was the money of the demandant, and paid on his account, before he extended his execution upon the land, it would be a fraud in him now to claim the land against the demandant. The resulting trust would have constituted a good title to the land as against this tenant. 3 N. H. Rep. 170, Scoby v.…
2Cases cited4 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Stevens v. StevensNew York Supreme Court · 1819
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- Scoby v. BlanchardSuperior Court of New Hampshire · 1825
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- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Wark v. WillardSuperior Court of New Hampshire · 1843
- White v. FordSupreme Court of New Hampshire · 1984
- Brown v. ManterSuperior Court of New Hampshire · 1850
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