Hawkes v. Pike
Massachusetts Supreme Judicial Court
Bill rsr equity by Gilbert Hawkes and Daniel Fairchild to redeem a lot of land in Lynn from a mortgage. The bill alleged the making of the mortgage by Daniel Fairchild, while he was owner of the premises ; his subsequent conveyance of the equity of redemption to Hawkes to hold in trust for him; and the desire and willingness of himself and Hawkes to pay what was' due on the mortgage.
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Bill rsr equity by Gilbert Hawkes and Daniel Fairchild to redeem a lot of land in Lynn from a mortgage. The bill alleged the making of the mortgage by Daniel Fairchild, while he was owner of the premises ; his subsequent conveyance of the equity of redemption to Hawkes to hold in trust for him; and the desire and willingness of himself and Hawkes to pay what was' due on the mortgage. The defendant filed a plea denying the right of the plaintiffs to redeem, and alleging that Daniel Fairchild executed and delivered a deed of the premises to Silas Fairchild before his deed to Hawkes. The…
1Opinion of the CourtAmes, J.
A deed of real estate, in order to take effect as a conveyance of title, must be delivered by the grantor, and actually or by implication accepted as his own by the grantee. 3 Washb. Heal Prop. (3d ed.) 254. Ho definite or specific formality is prescribed by law, but it must be the concurrent act of two parties. It must appear that the grantor parts with the control and possession of the instrument with the intention that it shall operate immediately as a transfer of title, and that it passes into the hands or is placed at the disposal of the grantee, or of some *563other person in his behalf.…
2Cases cited5 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815
- Ross v. RossCourt of Appeals of Kentucky · 1860
- Elmore v. MarksSupreme Court of Vermont · 1867
3Cited by35 opinions
- Green v. SkinnerCalifornia Supreme Court · 1921
- Stevens v. CastelMichigan Supreme Court · 1886
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Robbins v. RascoeSupreme Court of North Carolina · 1897
- Higman v. StewartMichigan Supreme Court · 1878
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