Fales v. Fales
Massachusetts Supreme Judicial Court
Petition for partition of certain parcels of land in New Bed-ford. The answer alleged that the respondent was the absolute owner in fee simple of all such parcels.
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Petition for partition of certain parcels of land in New Bed-ford. The answer alleged that the respondent was the absolute owner in fee simple of all such parcels. At the trial in the Superior Court, before Staples, J., it appeared in evidence,, that James Fales, Jr. and Giles S. Pales formerly owned in common the lands in question, and that, in July, 1858, James executed deeds purporting to convey his undivided interest therein to Giles S. The petitioner, who was the widow of James and claimed title through his heirs at law, denied that these deeds were ever delivered. The respondent, who…
1Opinion of the CourtC. Allen, J.
The ruling asked for by the respondent was properly refused. The question at issue was, whether James Fales was seised of an undivided interest in the lands in controversy at the time of his death. This depended, first, on whether he had delivered certain deeds to Giles S. Fales; and, secondly, whether, if such deeds had been so delivered, there had been a reconveyance, by a lost grant, to James. The respondent asked for a ruling that certain declarations by Giles tending to show an ownership in common could bear only on the question of due delivery of the deeds from James to Giles. But they…
2Cases cited6 opinions
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- Chandler v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1886
- Spooner v. LovejoyMassachusetts Supreme Judicial Court · 1871
- Kimball v. SullivanMassachusetts Supreme Judicial Court · 1873
- Marks v. SewallMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. DavisHawaii Supreme Court · 1912
- Swan v. TapleyMassachusetts Supreme Judicial Court · 1913