Burt v. Merchants' Insurance
Massachusetts Supreme Judicial Court
Petition under the St. of 1870, o. 327,* by William L. Burt, as the agent employed by the United States under said statute, to the superior court for this county; describing the second estate mentioned in § 1, being an estate owned by the Merchants’ Insurance Company, fronting on Water Street in Boston ; alleging that “ the said Merchants’ Insurance Company consented and agreed to sell said parcel of land to said United States, and said United States consented and agreed to…
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Petition under the St. of 1870, o. 327,* by William L. Burt, as the agent employed by the United States under said statute, to the superior court for this county; describing the second estate mentioned in § 1, being an estate owned by the Merchants’ Insurance Company, fronting on Water Street in Boston ; alleging that “ the said Merchants’ Insurance Company consented and agreed to sell said parcel of land to said United States, and said United States consented and agreed to buy the same,” but that the petitioner and the company could not agree upon the price to be paid for it; and therefore…
1Opinion of the CourtChapman, C. J.
This process is brought to obtain an appraisement of a tract of the land described in the petition, alleging that the petitioner, who is the agent of the United States, and the respondents, who are owners of the land, cannot agree upon the price to be paid for it. It is contended that the process cannot be maintained unless there has been an agreement of the petitioner that he will buy, and of the respondents that they will *362sell, leaving merely the question what is to be .paid unsettled. and that, without such agreement, neither the Constitution, nor the language of the statute, authorizes…
2Cases cited2 opinions
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
3Cited by27 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- United States v. JonesSupreme Court of the United States · 1883
- Chappell v. United StatesSupreme Court of the United States · 1896
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
- In re Department of Public ParksNew York Supreme Court · 1889
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