Welsh v. Foster
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum fregit, and was submitted to the determination of the Court upon the following facts,, stated and agreed by the parties.
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This was an action of trespass quare clausum fregit, and was submitted to the determination of the Court upon the following facts,, stated and agreed by the parties. John Peck, on the 22d day of November, 1800, being seized in his demesne as of fee, of thirty-eight sixty-fourth parts of the milli, with the land and appurtenances, described in the plaintiff’s writ, did, by his deed of that date, duly delivered, acknowledged, and recorded, “ in consideration of one thousand dollars, to be paid whenever the said deed should take effect, and not otherwise,” grant, bargain, sell, and convey to the…
1Opinion of the CourtJackson, J.
There can be no doubt as to the intent of the parties in the deed of Peck to Welsh; and we have been very desirous to carry that intention into effect, if possible, without violating the established principles of law. The question is, whether Welsh has, by force of that deed, any estate in the land. This Court has no chancery power in the case ; nor have we considered whether he has a remedy in any other way for the loss and disappointment that he has met with. If he is not now entitled to the land in question, he cannot maintain this action.
There are many difficulties in considering this as…
2Cases cited1 opinion
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
3Cited by11 opinions
- Thompson v. ThompsonIndiana Supreme Court · 1857
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Carver v. LouthainIndiana Supreme Court · 1872
- Rockhill v. SpraggsIndiana Supreme Court · 1857
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