Sprague v. Kimball
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 19, 1911, by the owners of certain lots of land on Bassett Street in Lynn severally conveyed to them by deeds of the defendant Kimball, which imposed upon such lots certain equitable restrictions, to enjoin the defendant Kimball from conveying to the defendant Grossman the remaining portion of one of such lots without imposing thereon a similar restriction.
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Bill in equity, filed in the Superior Court on December 19, 1911, by the owners of certain lots of land on Bassett Street in Lynn severally conveyed to them by deeds of the defendant Kimball, which imposed upon such lots certain equitable restrictions, to enjoin the defendant Kimball from conveying to the defendant Grossman the remaining portion of one of such lots without imposing thereon a similar restriction. The answer, among other things, alleged that the bill was brought to enforce an alleged oral agreement relating to an interest in land and that there was no memorandum of such…
1Opinion of the CourtBraley, J.
The question for decision is whether the provisions of R. L. c. 74, § 1, that a contract for the sale of lands “ or of any interest in or concerning them” must be “in writing and signed by the party to be charged therewith,” requires us to reverse the decree.
The deeds poll from the defendant Kimball, hereafter referred to as the defendant, under which the plaintiffs respectively derive title to the second, third, fourth and part of the fifth lot shown on the plan which the defendant caused to .be prepared and recorded, contain this clause, “The premises are conveyed subject to the following…
2Cases cited26 opinions
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3Cited by50 opinions
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