Connolley

Quieting Title — Quitclaim Deed—“Record Title” — Statute. A quitclaim deed, duly recorded, of land acquired in part by disseisin, which the grantor has a good right to convey, gives to the grantee a “ record title ” to the whole estate, within the meaning of St. 1893, c. 340, § 1, relating to quieting titles to real estate.

Petition, under St. 1893, c. 340, filed October 23, 1895, to quiet the petitioner’s title to certain real estate in Boston. Hearing in this court, before Allen, J., who reported the case for the consideration of the full court, in substance as follows. Sarah Davis, whose will was duly proved and allowed on or about May 15, 1847, died seised of one undivided half interest in the premises in question. In 1836, when she made the will, she had been seised of one undivided third part thereof only. By her will she devised one third part of the premises to her only sister, Susannah Davis, for life, with remainder to her two nephews, Charles and Horatio Davis, sons of her only brother, Charles Davis, who deceased in 1845. Sarah Davis died intestate as to the remaining one sixth interest in the premises, which descended to her sister Susannah and to the eleven children of her brother Charles. Susannah Davis died testate in 1851, seised of her original one half, together with the one twelfth which descended to her by reason of Sarah’s partial intestacy, making seven twelfths in all, and from her Charles and Horatio each derived title to seven twenty-fourths. Charles and Horatio, as two of the eleven children and heirs of their father, each, by reason of Sarah’s partial intestacy, derived title by descent from her to T^2. This left the title, in 1851, after Susannah’s death, as follows. Charles and Horatio each had -|-|| in all. Their nine sisters had by descent the remaining or Then Horatio, assuming to have one half, made a deed of warranty thereof in the usual form to Charles in 1851, which deed was duly recorded. This gave to Charles in reality |-|-|, but ostensibly |-|-|. Charles died testate in 1888, and devised his estate in the premises, such as it was, to his five children, who were Charles Davis, Jr., James Y. Davis, Cornelius Fellows Davis, Garafelia D. Chase, and Mary S. Hutchins. Cornelius Fellows Davis thereafter, on November 28, 1888, released all his interest in the premises to his four sisters and brothers, by a quitclaim deed in the usual form. On December 15,1894, Charles Davis, Jr., James Y. Davis, Garafelia D. Chase, and Mary S. Hutchins released the premises to the petitioner by a quitclaim deed in similar form. The petitioner showed that actual, open, and continuous adverse possession of the premises by Charles Davis and his children was had against all their tenants in common for forty-three years, from 1851 to 1894, when the premises were conveyed to the petitioner, and presented releases from most of the possible claimants under the nine sisters of Charles and Horatio Davis, to whom the outstanding descended by reason of Sarah’s partial intestacy. The judge ruled that, after the warranty deed from Horatio to Charles in 1851, the title of in fact remained in other heirs of Sarah than Charles ; that Horatio’s deed of warranty to Charles of one half, accepted and acted upon, gave to Charles a record title to one half in addition to the which he already owned, or in all,• that since the deed from Horatio to Charles in 1851, no devise or deed assumes to give any greater-interest than Charles had, and that the petitioner’s title (apart from adverse possession or estoppel, or such facts outside of the records) is to only |||; but that within the meaning of St. 1893, c. 340, he had a record title to §§~|; and that, as to the petitioner had no record title whatever, and did not come within the statute.