Callaghan v. O'Brien
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the Superior Court, before Colburn, J., who reported the case for the determination of this court, in substance as follows: Mary H. Toomey died seised of an estate situated in East Boston, and leaving a husband, Daniel Toomey, and, as her heirs at law and next of kin,-two sons, Patrick Toomey and John Toomey, and a daughter, Ellen O’Brien, the wife of the defendant in this action.
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Contract for money had and received. Trial in the Superior Court, before Colburn, J., who reported the case for the determination of this court, in substance as follows: Mary H. Toomey died seised of an estate situated in East Boston, and leaving a husband, Daniel Toomey, and, as her heirs at law and next of kin,-two sons, Patrick Toomey and John Toomey, and a daughter, Ellen O’Brien, the wife of the defendant in this action. By a deed dated December 15,1870, Patrick Toomey, John Toomey, Ellen O’Brien, and the defendant conveyed the estate in question to Daniel Toomey. By a deed dated August…
1Opinion of the CourtField, J.
At the time of the conveyance by John Toomey, Ellen O’Brien, and Thomas O’Brien to Timothy J. Mahoney of the land subject to the mortgage for $1033.33, this mortgage, “ with the possession taken to foreclose said mortgage,” was assigned by Thomas O’Brien to Bridget F. Mahoney, wife of Timothy J. Mahoney. Timothy J. Mahoney mortgaged back the land so conveyed to him, with full covenants of warranty and against incumbrances, to Thomas O’Brien for $1000, and his wife, not joining in the grant, joined with him in the in testimonium clause, as follows: “ And for the consideration aforesaid, I,…
2Cases cited3 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Fryer v. . RockefellerNew York Court of Appeals · 1875
- Pickman v. Trinity ChurchMassachusetts Supreme Judicial Court · 1877
3Cited by5 opinions
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- Burk v. SchreiberMassachusetts Supreme Judicial Court · 1903
- Linton v. AllenMassachusetts Supreme Judicial Court · 1888
- Richardson v. LaneMassachusetts Supreme Judicial Court · 1917