Fenton v. Lord
Massachusetts Supreme Judicial Court
Contract against Thomas Lord, Horace L. Gilley, and Martin W. Stiinson. Writ dated July 23, 1878, returnable to the Superior Court.
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Contract against Thomas Lord, Horace L. Gilley, and Martin W. Stiinson. Writ dated July 23, 1878, returnable to the Superior Court. The plaintiff in her declaration alleged that, on July 7, 1873, she executed and delivered to the defendants a deed, for the consideration as therein expressed of $25,000, of certain land in Boston, (being the same which had been conveyed to her on May 17, 1873, by George W. Torrey,) in which deed it was stipulated that “ this conveyance is made subject to a mortgage for $16,400 given by said Hepsebeth to said Torrey, dated May 17, 1873, and recorded with Suffolk…
1Opinion of the CourtGray, C. J.
The single point argued in support of the demurrer is that the declaration seeks to charge the defendants jointly instead of severally. But the deed which they have accepted is to them as tenants in common, and the description of the proportions in which they are to take does not affect their joint liability upon their promise therein stated. The demurrer of the defendant Lord was therefore rightly overruled, and for the same reason the third and fourth rulings requested by the other defendants were rightly refused.
The sale of the land to the plaintiff, under the power con tained in the…
2Cases cited3 opinions
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Whitney v. HoughtonMassachusetts Supreme Judicial Court · 1879
- Prentice v. BrimhallMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Fowlkes v. LeaMississippi Supreme Court · 1904
- Denham v. BryantMassachusetts Supreme Judicial Court · 1885
- Fay v. WalshMassachusetts Supreme Judicial Court · 1906
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