Butler v. Wheeler
Supreme Court of New Hampshire
Petition eor Partition. Facts found, and case transferred from the April term, 1904, of the superior court, by Qhamberlin, J. January 5, 1885, Russell H. Davis owned and was in possession of the premises described in the petition. On that day he gave Porter Darling a bond to convey the premises to him by a quitclaim deed, on the first day of the following April, upon the payment of 0208. Darling made the payment, but no deed was ever given to him.
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Petition eor Partition. Facts found, and case transferred from the April term, 1904, of the superior court, by Qhamberlin, J. January 5, 1885, Russell H. Davis owned and was in possession of the premises described in the petition. On that day he gave Porter Darling a bond to convey the premises to him by a quitclaim deed, on the first day of the following April, upon the payment of 0208. Darling made the payment, but no deed was ever given to him. Davis died in 1889, leaving surviving him a widow, a daughter, and a son, George II., all of whom are defendants. March 80, 1900, the plaintiffs…
1Opinion of the CourtChase, J.
The statutes provide that “ all the debtor’s interest ” in real -estate levied upon “ shall pass by the levy as against all persons ” if the levy is duly recorded. P. S., e. 233, s. 13. The defendants take the position that Darling was the equitable owner of the land in question after he paid Russell H. Davis for it in accordance with the provisions of the bond, and consequently that upon Davis’ death nothing descended from him to his son, George PI., excepting perhaps the legal title, and this for the benefit of Darling; that George H. had no “ interest ” in the land that would pass by the…
2Cases cited1 opinion
- Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
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- Bezanson v. Laconia Savings Bank (In re Bertholet Enterprises, Inc.)United States Bankruptcy Court, D. New Hampshire · 1987
- Bruchhausen v. WaltonSupreme Court of New Hampshire · 1971