First African Methodist Episcopal Society v. Brown
Massachusetts Supreme Judicial Court
Bill in equity, filed March 2, 1887, for the specific performance by the defendant of an agreement to purchase land. The bill alleged that the plaintiff, on December 1, 1886, entered into an agreement in writing with the defendant for the sale and purchase of the land, which agreement, after reciting that the land was conveyed to the plaintiff by one John Scott, by deed dated August 29,1879, and recorded with Norfolk Deeds, lib. 513, fol. 219, provided for its conveyance to…
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Bill in equity, filed March 2, 1887, for the specific performance by the defendant of an agreement to purchase land. The bill alleged that the plaintiff, on December 1, 1886, entered into an agreement in writing with the defendant for the sale and purchase of the land, which agreement, after reciting that the land was conveyed to the plaintiff by one John Scott, by deed dated August 29,1879, and recorded with Norfolk Deeds, lib. 513, fol. 219, provided for its conveyance to the defendant by a good and clear title. The answer set up that the plaintiff was unable to give a good and clear title,…
1Opinion of the CourtDevens, J.
There is no provision by statute for filing in the registry of deeds any document of a character similar to that which Scott was permitted there to place upon record. It acquired no greater importance from being thus filed, nor did it for this reason constitute a cloud upon the title of the plaintiff. Pub. Sts. c. 126, § 18. Nickerson v. Loud, 115 Mass. 94. The question presented by the case at bar is, therefore, whether a mere assertion by the plaintiff’s grantor, some seven years since, unsupported by any evidence or any subsequent action on his part, that the deed from him to the plaintiff…
2Cases cited5 opinions
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Carroll v. HaywardMassachusetts Supreme Judicial Court · 1878
- Hopkins v. LangtonWisconsin Supreme Court · 1872
- Nickerson v. LoudMassachusetts Supreme Judicial Court · 1874
3Cited by27 opinions
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- Geithman v. EichlerIllinois Supreme Court · 1914
- Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
- Swartz v. SherMassachusetts Supreme Judicial Court · 1962
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