Ward Hunt

“ If title had been vested in Collins by the delivery of a deed from Willard, it could not be divested except by a deed signed and sealed by Collins. Handing back the deed received by him would not produce that result. A new deed, therefore, from Willard to Mrs. Gamble, would be entirely ineffectual. Nothing would pass by it. The performance of the contract on his part by Pinyard, and which performance must be made out to enable him to sustain this action, depends upon the validity of the deed from Collins to Mrs. Gamble. ”

“ This seems to dispose of the difficulty. Spallenger settled his controversies with Hubbard and Parsons as he thought best, and if the defendants are his representatives, by assignment or otherwise, the settlement is conclusive upon them. ”

“ There are many circumstances connected with the evidence of the witnesses to which it is not necessary to allude. It may, however, be mentioned that Mr. Willard admits that he afterwards gave a third deed of the same premises to Mr. Parsons. Mr. Parsons is one of the prominent actors in the drama throughout, and a party defendant in the suit. Again, no trace or memorandum is pretended to be found of the existence of the deed said to have been given to Mr. Collins. Mr. Willard was a business man,-a real-estate dealer. ”