Moran v. Somes
Massachusetts Supreme Judicial Court
Contract, for breach of warranty in a deed of land given by the defendant to the plaintiff. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts, in substance as follows.
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Contract, for breach of warranty in a deed of land given by the defendant to the plaintiff. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on agreed facts, in substance as follows. On May 23, 1862, Samuel M. Somes, then the husband of the defendant, was the owner of four undivided fifths of a parcel of land, one fifth by inheritance from his mother, and the three remaining fifths by purchase from his three brothers, Francis L., Hiram S., and George. On that day he executed a deed to one Rand, whereby he conveyed “ unto the said…
1Opinion of the CourtMorton, J.
1. The agreed facts state that, prior to the making of the deed from the defendant to the plaintiff, the husband of the defendant had obtained in Missouri a legal and absolute divorce from her for a cause other than adultery. Under the statutes of this State, the defendant therefore became entitled to the immediate possession of all her real estate, in like manner as if her husband were dead; in which event he could not, of course, have any claim upon it. The former husband of the defendant has therefore no right or interest as tenant by the curtesy initiate in said land. Pub. Sts. c. 146, §…
2Cases cited5 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. HarkinsMassachusetts Supreme Judicial Court · 1880
- Campbell v. BrownMassachusetts Supreme Judicial Court · 1880
- Hastings v. HastingsMassachusetts Supreme Judicial Court · 1872
3Cited by20 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Porter v. HendersonSupreme Court of Alabama · 1919
- McCombs v. StephensonSupreme Court of Alabama · 1907
- Cowden v. CuttingMassachusetts Supreme Judicial Court · 1959
- Phoenix Mut. Life Ins. v. Kingston Bank & Thust Co.Tennessee Supreme Court · 1938
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