Salisbury v. Bigelow
Massachusetts Supreme Judicial Court
Bill in equity, brought by Samuel Salisbury and Nancy his wife, and their children, two of whom were infants suing by their next friend, Joseph Sewall, John Tappan, Aaron P. Cleveland, and David Stoddard, against Jacob Bigelow, and George W. Pratt, to compel the specific performance of an agreement for the purchase of certain land.
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Bill in equity, brought by Samuel Salisbury and Nancy his wife, and their children, two of whom were infants suing by their next friend, Joseph Sewall, John Tappan, Aaron P. Cleveland, and David Stoddard, against Jacob Bigelow, and George W. Pratt, to compel the specific performance of an agreement for the purchase of certain land. The complainants allege ; — That Salisbury, for some time before April 14, 1836, was seised and possessed in fee simple, of certain lands and tenements on the southerly side of Summer street, in Boston : that on that day the defendants, by articles of agreement…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. This bill is brought to compel the defendants to perform an agreement for the purchase of real estate, to which the defendants have filed a demurrer, and the question is whether upon the. facts set forth in the bill the defendants are bound to'complete their purchase.
The objection is, that the deeds tendered to the defendants did not and could not convey to them a good and valid title to the lands purchased, but that the same was defective, and that the land was charged with divers trusts whereby the title, on the happening of certain contingencies,…
2Cited by1 opinion
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