Snow v. Hutchins
Massachusetts Supreme Judicial Court
Writ of entry, dated January 20,1892, to recover a parcel of land in Fitchburg. Plea, nul disseisin, with a specification of defence, among others, that the demandant was estopped in equity to maintain the action, and that the tenant was entitled to unconditional relief against the same; and also setting up a claim for improvements. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Writ of entry, dated January 20,1892, to recover a parcel of land in Fitchburg. Plea, nul disseisin, with a specification of defence, among others, that the demandant was estopped in equity to maintain the action, and that the tenant was entitled to unconditional relief against the same; and also setting up a claim for improvements. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows. It appeared that the demanded premises were formerly owned by Benjamin Snow, who was the husband of the demandant, and were part of his homestead estate, the…
1Opinion of the CourtAllen, J.
Upon the question of equitable estoppel, we think the tenant had evidence entitling him to go to the jury. The evidence would have warranted the jury in finding that the demandant signed her husband’s deed to the tenant, “knowing that it purported to convey a good title to the lot; that her husband took from the tenant in exchange a farm, which he soon after sold and conveyed, she signing the deed in release of dower and homestead, and knowing all the particulars of the transaction ; that she was aware that the tenant soon after getting his deed took possession of the lot and occupied it as…
2Cases cited5 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Tracy v. LincolnMassachusetts Supreme Judicial Court · 1887
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Tufts v. TapleyMassachusetts Supreme Judicial Court · 1880
3Cited by11 opinions
- Seretto v. SchellMassachusetts Supreme Judicial Court · 1923
- Munroe v. StanleyMassachusetts Supreme Judicial Court · 1915
- Southern Railway-Carolina Division v. HowellSupreme Court of South Carolina · 1911
- Deans v. EldredgeMassachusetts Supreme Judicial Court · 1914
- Nickerson v. NickersonMassachusetts Supreme Judicial Court · 1920
6 more not listed; retrieve them via the Exa API.