Osgood v. Eaton
Supreme Court of New Hampshire
Writ of Entry. The plaintiff claimed the demanded premises under a deed from John B. Eaton to Elizabeth R. Eaton, dated January 2, 1878. The defendant claimed title under a deed from John B. Eaton to Abel E. Eaton, dated September 10, 1877. The conveyance from John B. to Elizabeth R. was made and accepted in part satisfaction of a decree for alimony entered in a proceeding for divorce by her against him in December, 1877, and at the time of its execution he was in…
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Writ of Entry. The plaintiff claimed the demanded premises under a deed from John B. Eaton to Elizabeth R. Eaton, dated January 2, 1878. The defendant claimed title under a deed from John B. Eaton to Abel E. Eaton, dated September 10, 1877. The conveyance from John B. to Elizabeth R. was made and accepted in part satisfaction of a decree for alimony entered in a proceeding for divorce by her against him in December, 1877, and at the time of its execution he was in possession, claiming to be the owner of the land. There was no evidence that Abel E. Eaton ever entered or took possession of the…
1Opinion of the CourtBingham, J.
The defendant requested the court to instruct the jury that the title of John B. Eaton to the premises passed to Abel E. Eaton in the deed to 'him, so John B. had no title January 2, 1878.
The plaintiff claimed, and the evidence tended to prove,'that the deed to Abel E. was_ never delivered, and that it was a makeshift of John B. to'enable him to procure better terms from his wife as to alimony, in her libel for divorce. These were questions of fact for the jury. The title did not pass if the deed was not delivered, and if made to defraud his wife it might be void as to her even if delivered.…
2Cases cited2 opinions
- Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
- Babb v. ClemsonSupreme Court of Pennsylvania · 1825
3Cited by1 opinion
- Coburn v. StorerSupreme Court of New Hampshire · 1891