Trull v. Bigelow
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin. The tenant pleaded several pleas in bar, to one of which the demandant demurred, and the others resulted in issues to the country. From the whole record the following facts appeared. On the 10th day of November, 1812, one Samuel Bosworth, whose title is acknowledged by both parties, conveyed the demanded premises to George Bosworth in fee. This conveyance was made bona fide, and for a valuable consideration.
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This was a writ of entry sur disseisin. The tenant pleaded several pleas in bar, to one of which the demandant demurred, and the others resulted in issues to the country. From the whole record the following facts appeared. On the 10th day of November, 1812, one Samuel Bosworth, whose title is acknowledged by both parties, conveyed the demanded premises to George Bosworth in fee. This conveyance was made bona fide, and for a valuable consideration. The deed was acknowledged on the day of its date; but it was not registered until the 17th of November, a week after its execution. On the 16th of…
1Opinion of the CourtParker, C. J.
[After stating the facts found by the verdict or agreed by the pleadings.] At the time Cadwell took his deed from Samuel• Bosworth, he had full knowledge of the prior conveyance to George Bosworth; so that his title could not prevail against the prior deed, although not recorded when he took his conveyance; the transaction being clearly fraudulent between him and Samuel Bosworth. It is unnecessary to cite authorities to maintain this point. It has been repeatedly decided, and is well known as a rule of law, that a second purchaser shall not set up a title under a registered deed, against the…
2Cases cited1 opinion
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
3Cited by28 opinions
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Parrish v. MahanySouth Dakota Supreme Court · 1897
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