Parkman v. Bowdoin
U.S. Circuit Court for the District of Massachusetts
[This was an action at law by George Parkman against James Bowdoin and another.] Covenant, for a breach of the covenants of * deed, dated the first day of March, 1S33, conveying certain real estate in Boston.
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[This was an action at law by George Parkman against James Bowdoin and another.] Covenant, for a breach of the covenants of * deed, dated the first day of March, 1S33, conveying certain real estate in Boston. Among other covenants the defendants covenanted, that the said James Bowdoin (one -of the grantors) was seised and possessed of the premises in fee tail, was of full age, and was duly entitled by law to give, grant, sell, and convey the same in fee simple to the plaintiff, &c., &c. The breach alleged was, that the said James Bowdoin was not so -seised, &c., &c. The plea averred, that the…
1Opinion of the Court
STORY, Circuit Justice.
The sole question arising under the special verdict is, whether James Bowdoin, the grantor, was at the time of the conveyance seised in fee tail of the estate in controversy. If so, then, under the statute of Massachusetts, of the 8th <u March, 1792 (Act 1791, c. 61), as he was Of full age, he was capable of passing a fee simple to the grantee, there being nothing to impeach the bona fides of the deed of conveyance. See I.ithgow v. ICavenagh, 9 Mass. 161. The question, whether he was so seised in fee tail, turns altogether upon the true interpretation of the will of…
2Cases cited7 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
- Lithgow v. KavenaghMassachusetts Supreme Judicial Court · 1812
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Manning v. ManningMassachusetts Supreme Judicial Court · 1918
- Lee v. Baird.Supreme Court of North Carolina · 1903