Murray v. Riley
Massachusetts Supreme Judicial Court
Action on the Pub. Sts. c. 175, to recover possession of certain premises in Somerset. Writ dated September 19, 1884. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows: The defendant, on March 17, 1878, conveyed the premises in question to the plaintiff by a warranty deed in usual form, which was soon afterwards recorded.
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Action on the Pub. Sts. c. 175, to recover possession of certain premises in Somerset. Writ dated September 19, 1884. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows: The defendant, on March 17, 1878, conveyed the premises in question to the plaintiff by a warranty deed in usual form, which was soon afterwards recorded. On the same day the plaintiff gave a bond to the defendant, conditioned to reconvey the premises to him upon the payment of a certain sum within one year, which was recorded on February 27, 1885. After…
1Opinion of the CourtDevens, J.
The Superior Court having found as a fact that the deed and the bond to reconvey were not intended to, and did not, constitute a mortgage, such finding will not be here revised, unless, as matter of law, it could not properly have been made. Sheffield v. Otis, 107 Mass. 282. Edmundson v. Bric, 136 Mass. 189.
Whether the transaction by which the defendant conveyed to the plaintiff the premises in question, receiving in return an agreement to reconvey on the performance of a certain condition, was a mortgage or a sale, depended on the intention of the parties, to be ascertained from the whole…
2Cases cited5 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Hassam v. BarrettMassachusetts Supreme Judicial Court · 1874
- Inhabitants of Sheffield v. Inhabitants of OtisMassachusetts Supreme Judicial Court · 1871
- Morse v. MerrittMassachusetts Supreme Judicial Court · 1872
- Edmundson v. BricMassachusetts Supreme Judicial Court · 1883
3Cited by2 opinions
- Cake v. ShullSupreme Court of New Jersey · 1888
- Hansen v. GreenspanMassachusetts District Court, Appellate Division · 1936