Daniell v. Shaw
Massachusetts Supreme Judicial Court
Bill in equity, to compel the defendant to accept a deed of land, and otherwise perform the covenants of a written agreement: The bill alleged that the plaintiff, who was the owner in fee of a lot of land in Boston, on the southeast corner of Beacon and Aberdeen Streets, by an agreement dated September 27, 1895, agreed to sell the lot, and the defendant agreed to purchase the same, which was to be conveyed on or before October 3, 1895, by a good and sufficient warranty deed…
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Bill in equity, to compel the defendant to accept a deed of land, and otherwise perform the covenants of a written agreement: The bill alleged that the plaintiff, who was the owner in fee of a lot of land in Boston, on the southeast corner of Beacon and Aberdeen Streets, by an agreement dated September 27, 1895, agreed to sell the lot, and the defendant agreed to purchase the same, which was to be conveyed on or before October 3, 1895, by a good and sufficient warranty deed ” of the plaintiff, “ conveying a good and clear title to the same, free from all encumbrances and liens”; that on…
1Opinion of the CourtAllen, J.
The defendant contends that the plaintiff is not able to offer him a good title, by reason of the provisions of St. 1891, c. 323, as amended by. St. 1892, c. 418, and the acts of the board of survey of the city of Boston thereunder. The plaintiff concedes that his title is not good if the statute is constitutional. The parties also differ in their construction. of the statute. The city of Boston is interested in both of these questions. It has been allowed to file a brief, but it is not a party to the record, and would not be precluded from litigating the *585same questions anew if our decision…
2Cases cited5 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Abbott v. . JamesNew York Court of Appeals · 1889
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
- Hunting v. DamonMassachusetts Supreme Judicial Court · 1894
3Cited by12 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Anderson v. Steinway & SonsAppellate Division of the Supreme Court of the State of New York · 1917
- Olszewski v. SardynskiMassachusetts Supreme Judicial Court · 1944
- Freedman v. WalshMassachusetts Supreme Judicial Court · 1954
- McNutt v. NellansSupreme Court of Kansas · 1910
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