Hurd v. Hughes
Court of Chancery of Delaware
Bill for Specific Performance of an agreement for ■ sale of land. The complainants, Major Hurd and Nancy Hurd, his wife, owning a farm formed of two parcels of land in South Murderkill Hundred, Kent County, Delaware, made on November 25, 1919, an agreement in writing to sell the same to the defendant, William M. Hughes, free and clear of all liens and incumbrances thereon, or against any interest, present or contingent, held by either owner.
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Bill for Specific Performance of an agreement for ■ sale of land. The complainants, Major Hurd and Nancy Hurd, his wife, owning a farm formed of two parcels of land in South Murderkill Hundred, Kent County, Delaware, made on November 25, 1919, an agreement in writing to sell the same to the defendant, William M. Hughes, free and clear of all liens and incumbrances thereon, or against any interest, present or contingent, held by either owner. A deed was duly tendered to the purchaser, who refused to accept it because there were of record three unsatisfied judgments in the Superior Court of'…
1Opinion of the Court
The Chancéllor.
In this case is presented for the first time in Delaware the question whether a husband and wife holding land as tenants by entireties can by their joint deed convey the property so held clear of a judgment recovered against the husband.
The complainants are the owners of two parcels of land, one conveyed, to them as husband and wife “as tenants by the entirety and not as tenants in common,” and the other conveyed to them as husband and wife, without stating whether they were to hold as tenants by entireties, or as joint tenants, or tenants in common. By the first deed the…
2Cases cited13 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Jordan v. ReynoldsCourt of Appeals of Maryland · 1907
- Ades v. CaplinCourt of Appeals of Maryland · 1918
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- In re Giant Portland Cement Co.Court of Chancery of Delaware · 1941
- Sawada v. EndoHawaii Supreme Court · 1977
- Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
- TERRY AND COMPANY v. HensenWyoming Supreme Court · 1956
26 more not listed; retrieve them via the Exa API.