Scott v. McFarland
Massachusetts Supreme Judicial Court
This was a bill in equity, brought to redeem certain lands heretofore mortgaged by William Scott, ancestor of the plaintiffs, to John Southgate, the defendant’s intestate. An argument was had at the last September term in this county, by Bliss and Áshmun, for the plaintiffs, and by Blake and Mills, for the defendant. The points arising in the cause will be seen in the decree of the Court, as pronounced at this term by
1Opinion of the CourtParker, C. J.
The plaintiffs in this suit are the heirs of Wib *252liam Scott, who was, before the 4th day of June, 1794, seized in fee simple of the lands and tenements described in the declaration.
On that day he executed and delivered a deed of bargain and sale, absolute in its terms, of the * premises to John Southgate, for the consideration of five hundred pounds of the former lawful currency ; and, on the same dayj Southgate, the grantee, executed and delivered to Scott a writing obligatory, in the penal sum of one thousand pounds, with a condition which would render it void, if, upon payment of five…
2Cited by1 opinion
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807