Johnson v. Bell
Supreme Court of New Hampshire
In Equity. The defendant Bell, March 4, 1870, attached the defendant Lamprey’s land in Londonderry, including the Brewster farm, and March 5, his Welch farm, in Plaistow. Welch had agreed, by parol, to exchange farms with Lamprey.
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In Equity. The defendant Bell, March 4, 1870, attached the defendant Lamprey’s land in Londonderry, including the Brewster farm, and March 5, his Welch farm, in Plaistow. Welch had agreed, by parol, to exchange farms with Lamprey. At the time of the attachment, Lamprey had conveyed his farm to Welch, and had possession of the Welch farm, but did not get a deed from Welch until March 22, 1870. He mortgaged the Welch farm to the plaintiff’s assignor, July 29, 1870. Lamprey conveyed the Brewster farm to the defendant Doton, June 18, 1873, at which time Bell had given Lamprey a release of it from…
1Opinion of the CourtAllen, J.
The right by contract to receive a conveyance of land may be attached. Gen. St., c. 205, s. 11. Specific performance of a parol contract to convey land will be decreed, in favor of the vendee, who has performed his part of the contract, when a failure or refusal to convey would operate as a fraud upon him. Tilton v. Tilton, 9 N. H. 385, 390; Ayer v. Hawkes, 11 N. H. 148, 154; Kidder v. Barr, 35 N. H. 236, 254; 2 Story Eq.,s. 761. Lamprey paid for the Welch farm and took possession, of it, and his payment by conveyance of land was more than payment in money. If he had made valuable…
2Cases cited2 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Purcell v. MinerSupreme Court of the United States · 1867
3Cited by1 opinion
- Hunkins v. HunkinsSupreme Court of New Hampshire · 1889