Seavey v. Drake
Supreme Court of New Hampshire
Bill in Equity, for specific performance of a parol agreement of land. At the hearing the plaintiff offered to prove that he was the only child of Sliadrach Seavey, the defendants’ testate, who died in 1880. In January, 1860, the testator, owning a tract of land, and wishing to assist the plaintiff, went upon the land with him and gave him a portion of it, which the plaintiff then accepted and took possession of.
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Bill in Equity, for specific performance of a parol agreement of land. At the hearing the plaintiff offered to prove that he was the only child of Sliadrach Seavey, the defendants’ testate, who died in 1880. In January, 1860, the testator, owning a tract of land, and wishing to assist the plaintiff, went upon the land with him and gave him a portion of it, which the plaintiff then accepted and took possession of. The plaintiff had a note against his father upon which there was due about $200, which he then or subsequently gave up to him. Subsequently his father gave him an additional strip of…
1Opinion of the CourtSmith, J.
The bill alleges a promise by the defendants’ testator to give the plaintiff a deed. The plaintiff offered to prove that the deceased gave him the land, and that he thereupon entered into possession and made valuable improvements. We assume that the plaintiff in his offer meant that he was induced by the gift of the land to enter into possession and make large expenditures in permanent improvements upon it. The evidence offered is admissible. Specific performance of a parol contract to convey land is decreed in favor of the vendee who has performed his part of the contract, when a failure or…
2Cases cited7 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Kurtz v. HibnerIllinois Supreme Court · 1870
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Murphy v. StellTexas Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hunkins v. HunkinsSupreme Court of New Hampshire · 1889
- Phelan v. AdamSupreme Court of New Hampshire · 1920
- Stillings v. StillingsSupreme Court of New Hampshire · 1893
- White v. PooleSupreme Court of New Hampshire · 1905
- Seavey v. DrakeSupreme Court of New Hampshire · 1883