Merle

— Both parties claim title to the premises in controversy under Charles W. Stewart, who was the grantee of one Joseph Plobson — Hobson conveyed to Stewart by a deed, which purports to be executed on the 21st of July, A. D. 1851, and which was recorded on the 29th of the same month. It was acknowledged, however, on the 4th (fourth) day of July, A. D. 1851. The deed from Stewart, under which defendant derives title, bears date the 19th of July, 1851, and was acknowledged July 29th of the same year, and recorded the same day, while the deed from Stewart, under which the plaintiff claims, bears date in 1852. There was no evidence of the time either of the deeds were executed or delivered, save the presumptions arising from the above dates.

The deed from Stewart, under which the plaintiff claims, is a quitclaim deed, and, in case it should be held that the deed from Hobson had not been delivered prior to the time of its apparent execution, it will follow that Stewart had not title to convey at that time, and as the after-acquired title would not inure to the benefit of Stewart’s grantee, the defendant has'no title but the title passed to the plaintiff’s grantor by the deed from…