Billings v. Mann
Massachusetts Supreme Judicial Court
Bill in equity, filed on April 11, 1891, to set aside a deed of Minerva Mann to Asel W. Mann, dated December 3, 1888. The plaintiffs were sons and daughters and next of kin of Minerva Mann, deceased, intestate, with the exception of Calvin Fairbanks, the administrator of her estate; and the defendants were Asel W. Mann, the grantee of the deed, and Minerva E. Cook, the only daughter and next of kin not joined as plaintiff. •The prayer was that the court should declare that…
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Bill in equity, filed on April 11, 1891, to set aside a deed of Minerva Mann to Asel W. Mann, dated December 3, 1888. The plaintiffs were sons and daughters and next of kin of Minerva Mann, deceased, intestate, with the exception of Calvin Fairbanks, the administrator of her estate; and the defendants were Asel W. Mann, the grantee of the deed, and Minerva E. Cook, the only daughter and next of kin not joined as plaintiff. •The prayer was that the court should declare that Minerva Mann was, at the time she executed the deed, incapable of exercising a rational volition, and was coerced and…
1Opinion of the CourtHolmes, J.
In England, in the ease of a conveyance of real estate induced by fraud or duress when the grounds of avoidance *204go only to the motives for the conveyance, and therefore make it voidable only, (Fairbanks v. Snow, 145 Mass. 153, 154,) as distinguished from defects in the form which make it void, (Rodliff v. Dallinger, 141 Mass. 1,) a resort to equity has been thought not only proper, but necessary, the title being supposed to be unaffected by anything short of a reconveyance. Feret v. Hill, 15 C. B. 207. See Mitchell v. Moore, 24 Iowa, 394; Lombard v. Cowham, 34 Wis. 486; George v. Tate, 102 U.…
2Cases cited14 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Allore v. JewellSupreme Court of the United States · 1877
- George v. TateSupreme Court of the United States · 1881
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
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3Cited by18 opinions
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Weeks v. CurrierMassachusetts Supreme Judicial Court · 1898
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1906
13 more not listed; retrieve them via the Exa API.