Swett v. Poor
Massachusetts Supreme Judicial Court
This was a special action of the case, in which the plaintiffs allege that the defendants, on the 12th day of March, 1810, by their deed of that date, in consideration of 1050 dollars paid them by the plaintiffs, released to them all their, the defendants’, right in certain parcels or lots of land in Bridgeton, in the county of Cumberland, particularly described in the declaration, and also all the land in said Bridgeton which descended to them from their late father, Thomas…
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This was a special action of the case, in which the plaintiffs allege that the defendants, on the 12th day of March, 1810, by their deed of that date, in consideration of 1050 dollars paid them by the plaintiffs, released to them all their, the defendants’, right in certain parcels or lots of land in Bridgeton, in the county of Cumberland, particularly described in the declaration, and also all the land in said Bridgeton which descended to them from their late father, Thomas Poor, deceased, which had been at any time sold at vendue for taxes, with the appurtenances, &c.; and the said…
1Opinion of the Court
The opinion of the Court was delivered at this term by
Parker, C. J.
This action is altogether of a new impression. It is an attempt, instead of holding the defendants to their cove nants in the deed which is mentioned in the declaration, to charge them with a tortious interference with the title intended to be conveyed by the deed, subsequent to the making of it. One of the covenants seems adequate to any remedy for the wrong alleged in the declaration ; and although, if there were no such covenant, an action upon the case might lie, for attempting to intercept a title intended to be passed by…
2Cases cited2 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
3Cited by18 opinions
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Dickey v. LyonSupreme Court of Iowa · 1865
- Russell v. De GrandMassachusetts Supreme Judicial Court · 1818
- Ackert v. BarkerMassachusetts Supreme Judicial Court · 1881
- Manning v. SpragueMassachusetts Supreme Judicial Court · 1888
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