Hayes v. Harmony Grove Cemetery
Massachusetts Supreme Judicial Court
Bill in equity filed February 15, 1871, by the guardian of the minor children of John and Mary Hogan, to enforce specific performance of the defendants’ contract of purchase of a parcel of land in Salem, sold by public auction on October 12, 1870, in pursuance of a license of the probate court. The defendants answered that the plaintiff was unable to give a good title to the land; and he filed a general replication.
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Bill in equity filed February 15, 1871, by the guardian of the minor children of John and Mary Hogan, to enforce specific performance of the defendants’ contract of purchase of a parcel of land in Salem, sold by public auction on October 12, 1870, in pursuance of a license of the probate court. The defendants answered that the plaintiff was unable to give a good title to the land; and he filed a general replication. Hearing before Morton, J., who made the following report thereof: “ The case came on for hearing upon bill, answer, replication and testimony. The plaintiff was duly appointed…
1Opinion of the CourtChapman, C. J.
The plaintiff, being the guardian of the minors named in the bill, was duly authorized to sell the real estate in question at auction, and proceeded regularly in making the sale. The defendants, by their agent, bid it off; and are bound to the specific performance of their contract, unless there is some defect in the title.
The general rule is, that, in order to maintain a bill for specific performance, the plaintiff must prove that the title is good beyond a reasonable doubt. Richmond v. Gray, 3 Allen, 25. Sturtevant v. Jaques, 14 Allen, 523. The subject is fully discussed in Sugd. Vend.…
2Cited by26 opinions
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
- Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
- O'Meara v. GleasonMassachusetts Supreme Judicial Court · 1923
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