Fairfield v. Williams
Massachusetts Supreme Judicial Court
Debt upon bond. Upon oyer of the bond and condition, the latter is recited as follows, viz.: “ The condition of the foregoing obligation is such, that whereas the said Williams and Smith have agreed to sell and convey to the said Fairfield a certain piece or lot of land situated in the town of Winslow, described as folioweth, &c.: Now, therefore, if the said Williams and Smith, in their said capacity or otherwise, shall make and execute to the said Fairfield, his heirs and…
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Debt upon bond. Upon oyer of the bond and condition, the latter is recited as follows, viz.: “ The condition of the foregoing obligation is such, that whereas the said Williams and Smith have agreed to sell and convey to the said Fairfield a certain piece or lot of land situated in the town of Winslow, described as folioweth, &c.: Now, therefore, if the said Williams and Smith, in their said capacity or otherwise, shall make and execute to the said Fairfield, his heirs and assigns, a good and sufficient deed of conveyance of the premises above described, and warrant and defend the same to him…
1Opinion of the Court
The plaintiff demurs to both these pleas in bar, and the defendants join in demurrer; and the parties submitting the cause without argument to the Court, their opinion was afterwards delivered as follows by
Parsons, C. J.
It appears, from the first plea, that Obadiah Williams died seised of the land mentioned in the condition of the bond; that the defendants, having obtained license to sell the same for the payment of the deceased’s debts, they accordingly sold it at public auction to one Perkins, the highest bidder; that the plaintiff was present at the sale, and that he requested that the…
2Cited by10 opinions
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Perry v. Planning Board of NantucketMassachusetts Appeals Court · 1983
- Piper v. VoorheesSupreme Judicial Court of Maine · 1931
- Commonwealth v. PetersMassachusetts Supreme Judicial Court · 1806
- Harris v. ElliottSupreme Court of the United States · 1836
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