Meigs v. Dexter
Massachusetts Supreme Judicial Court
Petition for partition of three parcels of land in Mattapoisett. The respondent claimed sole title to one parcel under a deed from Hannah Hall, a sister of the petitioner and aunt of the respondent, and disclaimed as to the other parcels. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict for the respondent; and the petitioner alleged exceptions, which appear in the opinion.
1Opinion of the CourtKrowlton, J.
On the question whether there was a delivery of the deed, the judge instructed the jury that if Hannah Hall, “ after signing the deed, placed it upon the table, or placed it in Captain Macomber’s hands with the intention that it should become effective and operative, then there was a good delivery of the deed.” The petitioner excepted to this instruction. The testimony tended to show that Captain Macomber was merely a scrivener before whom the deed was laid upon the table after it was signed, and that he went away and left it there, not representing the grantee in any way.
We are of opinion…
2Cases cited3 opinions
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Barnes v. BarnesMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. CutlerMassachusetts Supreme Judicial Court · 1891
3Cited by17 opinions
- Bianco v. LayMassachusetts Supreme Judicial Court · 1943
- Williams v. YocumWyoming Supreme Court · 1928
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
- Garfield v. WhiteMassachusetts Supreme Judicial Court · 1950
- Creeden v. MahoneyMassachusetts Supreme Judicial Court · 1907
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