Hallett v. Parker
Supreme Court of New Hampshire
Bill in Equity, praying that the defendants, Ira Parker and his wife, Mandane A. Parker, be required to convey to the plaintiffs the Oak Hill House. March 7, 1894, Ira received a deed of the Oak Hill House property, and on the same day he gave a bond to George Farr and Eliza C. Farr to convey to them the same premises upon certain conditions, which have been fulfilled. IVlandane did not sign the bond.
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Bill in Equity, praying that the defendants, Ira Parker and his wife, Mandane A. Parker, be required to convey to the plaintiffs the Oak Hill House. March 7, 1894, Ira received a deed of the Oak Hill House property, and on the same day he gave a bond to George Farr and Eliza C. Farr to convey to them the same premises upon certain conditions, which have been fulfilled. IVlandane did not sign the bond. A decree was made directing Ira to make conveyance of the premises to the plaintiffs by good and sufficient deed of -warranty, with Mandane joined as grantor in said conveyance as the wife of…
1Opinion of the CourtWallace, J.
The only question raised is whether Mandane should have been required by the decree to join her husband in the conveyance of the land described in the bond to the plaintiffs. He executed and delivered to the plaintiffs the bond to convey the land to them at the same time he received the deed. The reception of the deed and the giving-of the bond were simultaneous acts and parts of the same transaction. He never owned the land when he was not under an equitable obligation to convey it. He never had any interest in it independent of the agreement to convey embodied in the bond. His wife has no…
2Cases cited3 opinions
- Eastman v. ThayerSupreme Court of New Hampshire · 1880
- Perham v. Haverhill Fibre Co.Supreme Court of New Hampshire · 1885
- Hunkins v. HunkinsSupreme Court of New Hampshire · 1889
3Cited by4 opinions
- Ardito v. HowellCourt of Chancery of Delaware · 1947
- Hall v. HallSupreme Court of New Hampshire · 1899
- Ross v. CannonCourt of Chancery of Delaware · 1956
- Ross v. CannonCourt of Chancery of Delaware · 1956