6 N.H. 47 | Superior Court of New Hampshire | 1832
An unrecorded deed of land is valid against the grantor and against his heir. But if the grantor, or his heir, afterwards, for a valuable consideration, convoy the land to another purchaser, who has ho notice of the unrecorded deed, the last conveyance will prevail against the first- And the devisee of the grantor would stand on the same ground as his heir. If then, the land passed in this case, by the will of James Lowell,'the verdict must stand. 2 Pick. 184, Somes v. Brewer; 16 Mass. Rep 406, Trull v. Bigelow; 14 ditto, 296, Connecticut v. Bradish; 3 Pick. 149, M'Mechan v. Griffing.
But it is said, that nothing passed by the will of James Lowell, because he was not seized of the land.
It is now settled, in England, that after a man has been disseized, his right of entry is not ldevisable. 8 East, 552, Goodright v. Forrester; 1 Taunt. 578, S. C; Shep. T. 428, Com. Dig. “Devise,” M.
And the law seems to be the same in Massachusetts ; 10 Mass. Rep. 131, Poor v. Robinson; 17 ditto, 68, Brown v. Wood; 15 ditto, 113, Smithwick v. Jordan.
But in New York the law is otherwise ; 7 Cowen, 238, Jackson v. Varick. 1 Peters S. C. R. 571, Waring v. Jackson.
It is not necessary, in this case, that the question,
Judgment for the respondent.