Howe v. Howe
Massachusetts Supreme Judicial Court
Petition for partition of a farm comprising seventy-five acres of land in Marlborough, of one fifth part whereof the petitioner claimed to be seised in fee simple as tenant in common with the respondents.
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Petition for partition of a farm comprising seventy-five acres of land in Marlborough, of one fifth part whereof the petitioner claimed to be seised in fee simple as tenant in common with the respondents. At the trial, before Chapman, J., it appeared that Stephen Howe, who died March 20, 1865, had four sons and a daughter, viz : Alfred, who was a soldier in the army of the United States, had been missing ever since the second battle of Manassas on August 30, 1862, and left the petitioner as his only child, then less than two years old; and Elbridge, Nahum B., Benjamin S., and Mary L., wife of…
1Opinion of the CourtHoar, J.
1. We are of opinion that there was some evidence of the delivery of the mortgage. Its weight or sufficiency is not open for consideration under this bill of exceptions. Execution *98of a deed in the presence of an attesting witness is evidence from which to infer a delivery. Moore v. Hazelton, 9 Allen, 102, and cases there cited. The authorities on which the petitioner relies are those in which the sufficiency of the evidence to establish the legal delivery of an instrument has been in question. Here the execution of the mortgage was not a necessary fact to be proved in the case. It came in…
2Cited by28 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Pusey v. GardnerWest Virginia Supreme Court · 1883
- Orr v. PenningtonSupreme Court of Virginia · 1896
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