Whelan v. Sullivan
Massachusetts Supreme Judicial Court
Bill in equity filed at April term 1869, alleging that on November 17, 1862, the defendant owned a lot of land in West Springfield, then and ever since occupied by the plaintiff, and described in the bill by metes and bounds; that on the day named he bargained and sold this lot to her for twenty dollars, and she paid him therefor; and that on said day he signed and delivered to her the following agreement in writing, but ever afterwards neglected to give her a warranty deed…
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Bill in equity filed at April term 1869, alleging that on November 17, 1862, the defendant owned a lot of land in West Springfield, then and ever since occupied by the plaintiff, and described in the bill by metes and bounds; that on the day named he bargained and sold this lot to her for twenty dollars, and she paid him therefor; and that on said day he signed and delivered to her the following agreement in writing, but ever afterwards neglected to give her a warranty deed of “ said land,” notwithstanding her repeated requests therefor: “ This is to ce>tify that the widow Ellen Whelan paid…
1Opinion of the CourtGray, J.
The piece of land of which the plaintiff claims a conveyance was part of a larger tract owned by the defendant. The memorandum of November 17, 1862, does not, either in itself, or by reference to any other writing, contain the means of describing or identifying the boundaries of the piece to be conveyed. It was therefore clearly insufficient to take the case out of the statute of frauds. Atwood v. Cobb, 16 Pick. 227. Morton v. Dean, 13 Met. 385. Hurley v. Brown, 98 Mass. 545 Parol testimony of a previous oral agreement, which is the only means of identification referred to in the memorandum,…
2Cases cited1 opinion
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Doherty v. HillMassachusetts Supreme Judicial Court · 1887
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Ashcroft v. ButterworthMassachusetts Supreme Judicial Court · 1884
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