Donahue v. Hubbard
Massachusetts Supreme Judicial Court
Contract, for money had and received, brought by Daniel Donahue and Anna Donahue, his wife, jointly, against the assignee of a mortgage, to recover the surplus proceeds received by him upon a sale of the mortgaged premises. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, which so far as material to the point decided were as follows.
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Contract, for money had and received, brought by Daniel Donahue and Anna Donahue, his wife, jointly, against the assignee of a mortgage, to recover the surplus proceeds received by him upon a sale of the mortgaged premises. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, which so far as material to the point decided were as follows. On October 16, 1882, one Sullivan did by a Yvarranty deed, “in consideration of three thousand four hundred and thirty-five dollars, paid by Daniel Donahue and Anna Donahue (husband…
1Opinion of the CourtAllen, J.
Prior to the St. of 1885, c. 237, a conveyance of land to husband and wife created the peculiar title sometimes called an estate by entireties, or in entirety. Neither could sever this title so as to defeat or prejudice the title of the survivor. Pray v. Stebbins, 141 Mass. 219, and cases cited. We find nothing, however, to show that it has ever been considered that a husband could not convey his title through a third person to his wife. On the other hand, the peculiar feature of this kind of estate is that each is secure against an impairment of rights through the sole act of the other. 2…
2Cases cited5 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Meeker v. . WrightNew York Court of Appeals · 1879
- Zorntlein v. . BramNew York Court of Appeals · 1885
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Phelps v. SimonsMassachusetts Supreme Judicial Court · 1893
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
- Morris v. McCartyMassachusetts Supreme Judicial Court · 1893
- Hale v. HaleMassachusetts Supreme Judicial Court · 1955
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