Townsend v. Downer

Citations

• 27 Vt. 119

Syllabus

<p>Conveyances of land are to be made according to tbe law of tbe place where the land is. If there be a conflict of jurisdiction in that place, the law of the government defacto, exercising the jurisdiction, is to prevail rather than that of the government de jure.</p> <p>The sufficiency of the acknowledgment or proof of a deed of lands in this state, made in 1773, is to be determined by either the laws of the province of New Hampshire, or of this state; and no t by those of the province of New York where the deed was executed.</p> <p>Previous to 1797 there was no law in this state authorizing the record of a deed of lands in this state, which was executed out of the state prior to 1787, and acknowledged or proved only according to the law of the place where executed. And the law of 1797 did nob legalize the records of such deeds as wore then made.</p> <p>Semble. If the interest or title of the co-grantors in a deed is joint, each would seem to be interested in the entirety, and so not competent to prove the execution of the deed by his co-grantors j — and in every case of a joint deed, the more reasonable presumption is, that the interest of the grantors is joint.</p>