Stark v. Boynton
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 15,1895, by James H. Stark, Isaac Schurmán, and Annie J. Schurman, and alleging the following facts.
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Bill in equity, filed in the Superior Court on April 15,1895, by James H. Stark, Isaac Schurmán, and Annie J. Schurman, and alleging the following facts. On June 27, 1883, Lydia T. Anderson, Benjamin F. Davis, and Mary E. Davis, then the owners of an estate in Boston, conveyed the same to the defendant by warranty deed, recorded July 6, 1883. On June 20, 1888, the defendant conveyed such estate to Lydia T. Anderson, by quitclaim deed in the usual form, containing the following declaration: “ The above premises were conveyed to me by deed, absolute in form, but nevertheless as collateral…
1Opinion of the CourtKnowlton, J.
After the conveyance by the defendant to Lydia T. Anderson, on June 20, 1888, and after the death of Mary E. Daxds, which occurred prior to July 1, 1894, the said Anderson and Benjamin F. Davis were the only persons who had any title to the real estate in question. The deed of Benjamin F. Davis to the plaintiff Stark, on July 3, 1894, left the only *445outstanding title in Lydia T. Anderson. The plaintiff Stark then took from her a quitclaim deed on September 15, 1894, which was duly recorded on November 6, 1894. He thereby acquired a perfect title, unless the deed given to the defendant by said…
2Cases cited3 opinions
- Morse v. CurtisMassachusetts Supreme Judicial Court · 1885
- Blunt v. NorrisMassachusetts Supreme Judicial Court · 1877
- Gallagher v. GalletleyMassachusetts Supreme Judicial Court · 1880
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