Legal Opinion

Bell v. Morse

Superior Court of New Hampshire

Decided July 15, 1833PublishedCited by 14 opinions

This was a writ of entry, brought to recover a tract of land in Haverhill, containing about five acres, being the west end of house lot number 16, in horse meadow.

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This was a writ of entry, brought to recover a tract of land in Haverhill, containing about five acres, being the west end of house lot number 16, in horse meadow. The cause was tried here, at May term, 1831, upon the general issue, when it appeared that Samuel Wood, being seized of the demanded premise, on the 10th February, 1817? conveyed the same to Thomas Morse, by a deed, which was recorded in the registry of deeds, lib. 70, fol. 459. • It further appeared, that, on the 9th May, 1820, Samuel Wood and his wife conveyed, to Thomas Morse, a tract of land, of about forty acres, being all the…

1Opinion of the CourtRichardson, C. J.

delivered the opinion of the court.*

The question is, whether the deed of Thomas Morse, dated April 1, 1821, conveyed to James A. Morse the five acres, which had been conveyed to the grantor by Samuel Wood, or the forty acres, which had been conveyed to him by Wood and wife ?

It does not admit of a doubt that the tract of five acres is clearly designated, in that deed, as the granted premises. It is not the land conveyed to the grantor by Wood and wife, but the land conveyed to him by Wood, that is mentioned. And the land to be granted is further designated by a reference to the book and page…

2Cases cited2 opinions

  1. Dunlap v. StetsonU.S. Circuit Court for the District of Maine · 1827
  2. Barns v. LearnedSuperior Court of New Hampshire · 1830

3Cited by14 opinions

  1. Fadili v. Deutsche Bank National Trust Co.Court of Appeals for the First Circuit · 2014
  2. Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
  3. Ellison v. DanielsSuperior Court of New Hampshire · 1840
  4. Gayle v. HudsonSupreme Court of Alabama · 1846
  5. Smith v. MooreSuperior Court of New Hampshire · 1840

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