Earle v. Fiske
Massachusetts Supreme Judicial Court
Writ of entry against Elizabeth L. Fiske, (wife of Benjamin Fiske,) and Mary E. Fiske, to recover land in Malden. Writ dated April 14, 1868. Plea, nul disseisin.
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Writ of entry against Elizabeth L. Fiske, (wife of Benjamin Fiske,) and Mary E. Fiske, to recover land in Malden. Writ dated April 14, 1868. Plea, nul disseisin. At the trial in the superior court, before Putnam, J., these facts appeared : Nancy A. Fiske, being owner of the demanded premises, conveyed them to Benjamin and Elizabeth for their lives, and, subject to their life estate, to Mary E. Fiske, by deeds dated April 22, 1864, but not recorded till 1867, and died in 1865, leaving said Beniamin, her son, as her sole heir, and he in 1866 executed and delivered to the demandant a deed of the…
1Opinion of the CourtAmes, J.
The formalities which shall be deemed indispensa ble to the valid conveyance of land are prescribed and regulated by statute. A deed duly signed, sealed and delivered is sufficient, as between the original parties to it, to transfer the whole title of the grantor to the grantee, though the instrument of conveyance may not have been acknowledged or recorded. The title passes by the deed, and not by the registration. No seisin remains in the grantor, and he has literally nothing in the premises which he can claim for himself, transmit to his heir at law. or convey to any other person* But when…
2Cases cited1 opinion
- Hill v. MeekerSupreme Court of Connecticut · 1855
3Cited by25 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Hallett v. AlexanderSupreme Court of Colorado · 1911
- Boynton v. HaggartCourt of Appeals for the Eighth Circuit · 1903
- Toupin v. PeabodyMassachusetts Supreme Judicial Court · 1895
- Gillespie v. RogersMassachusetts Supreme Judicial Court · 1888
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