Earle v. Fiske

103 Mass. 491 (1870)

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Nature of the Case

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Facts

Nancy Fiske conveyed the property at issue to Benjamin and Elizabeth (D) Fiske for life, then to Mary Fiske (D). The deed was dated 1864 but was not recorded until 1867. Nancy died in 1865, leaving Benjamin as her only heir. In 1866, Benjamin conveyed the land to Earle (P) who recorded his deed the same year. P sued for possession of the land. The lower court found that Benjamin was not able to convey full title to P, and found in D's favor. P appeals.