Shattuck v. Hastings
Massachusetts Supreme Judicial Court
Tort, in the nature of trespass guare clausum fregü. The case was submitted in the superior court, and, on appeal, in this court, upon facts agreed, by which it appeared that on March 15,1851, Patrick Holland, being owner of the locus in quo, gave to Horace E. Lindsay a bond to convey it to him or his assigns whenever he or they should convey to the obligor or his assigns, as an equivalent, another lot of land then owned by the obligee; that on June 1,1853, Holland, being…
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Tort, in the nature of trespass guare clausum fregü. The case was submitted in the superior court, and, on appeal, in this court, upon facts agreed, by which it appeared that on March 15,1851, Patrick Holland, being owner of the locus in quo, gave to Horace E. Lindsay a bond to convey it to him or his assigns whenever he or they should convey to the obligor or his assigns, as an equivalent, another lot of land then owned by the obligee; that on June 1,1853, Holland, being still owner of the locus and of other land also, conveyed all of the same to Benjamin F. Lindsay, taking back a mortgage…
1Opinion of the CourtWells, J.
Both parties claim title under B. F. Lindsay. The deed from Holland to Lindsay, of a larger tract including the locus, contained a condition that the grantee should convey the parcel now in controversy to Horace E. Lindsay, or his assigns, in fee simple, “ whenever tendered a like conveyance of the lot to be granted as an equivalent therefor, as mentioned in *24the obligation ” between Holland and said H. E. Lindsay. At the same time, B. F. Lindsay gave back to Holland a mortgage of the same premises, subject to the same condition, and with power of sale; and also, on the same day, as the case…
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