Smith v. Thayer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 2, 1918, seeking the cancellation of the deed, described in the opinion, from the plaintiff’s wife to the defendant, and that the defendant be “ ordered to convey to the ” plaintiff the property on Pine Street in Attleborough, one of the parcels described therein. In the Superior Court the suit was heard by Cox, J. Material facts found by the judge are described in the opinion.
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Bill in equity, filed in the Superior Court on August 2, 1918, seeking the cancellation of the deed, described in the opinion, from the plaintiff’s wife to the defendant, and that the defendant be “ ordered to convey to the ” plaintiff the property on Pine Street in Attleborough, one of the parcels described therein. In the Superior Court the suit was heard by Cox, J. Material facts found by the judge are described in the opinion. By order of the judge a final decree was entered ordering that the deed from the plaintiff’s wife to the defendant "be discharged and cancelled as of record,” and…
1Opinion of the CourtCarroll, J.
Eliza W. Smith, wife of the plaintiff and sister of the defendant, died January 16, 1918. She was the owner of two parcels of land, one on Steere Street and the other on Pine Street, Attleborough. In March, 1915, Mrs. Smith made a deed, to the defendant of the two parcels, which was drawn by her nephew (the defendant’s son), an attorney at law. In April or May of that year she delivered the deed to the defendant with instructions not tó record it until after the grantor’s death. Some time later, in the winter of 1915-1916, she took the deed from the defendant and gave it to her nephew with…
2Cases cited5 opinions
- Scrivens v. North Easton Savings BankMassachusetts Supreme Judicial Court · 1896
- Parrott v. AveryMassachusetts Supreme Judicial Court · 1893
- Duryea v. HarveyMassachusetts Supreme Judicial Court · 1903
- Hale v. JoslinMassachusetts Supreme Judicial Court · 1883
- Tewksbury v. TewksburyMassachusetts Supreme Judicial Court · 1916
3Cited by8 opinions
- Rock v. RockMassachusetts Supreme Judicial Court · 1941
- Wilson v. JonesMassachusetts Supreme Judicial Court · 1932
- Murphy v. SmithMassachusetts Supreme Judicial Court · 1935
- Murphy v. KillmurrayMassachusetts Supreme Judicial Court · 1949
- Landry v. LandryMassachusetts Supreme Judicial Court · 1928
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