Coolidge v. Dexter

This is an action of contract upon a written agreement, by which the plaintiff agreed to sell and the defendant agreed to buy a lot of land on Marlborough Street in Boston, the plaintiff stipulating that he would convey a good title, free from incumbrances. The defendant refuses to perform the agreement, upon the ground that the plaintiff is not able to give a good title.

The plaintiff’s title is derived from the Commonwealth of Massachusetts, under a deed dated May 31, 1872. It is admitted that the Commonwealth, in and prior to the year 1857, was seised in fee of a large tract of land known…