Legal Opinion

Chase v. Horton

Massachusetts Supreme Judicial Court

Decided November 26, 1886PublishedCited by 4 opinions

Writ oe entry, dated May 15, 1885, by the administrator of the estate of Joseph G. Horton, to recover a parcel of land in Rehoboth. Plea, nul disseisin.

Read the full summary

Writ oe entry, dated May 15, 1885, by the administrator of the estate of Joseph G. Horton, to recover a parcel of land in Rehoboth. Plea, nul disseisin. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows: The demandant showed title to the demanded premises in said Joseph G. Horton from his brother, Levi Horton, by a will admitted to probate on March 6, 1860; his own appointment as administrator of the estate of Joseph G. Horton on November 7, 1884; a license issued to him by the Probate Court, authorizing him to sell the whole of the…

1Opinion of the Court

Morton, 0. J.

The rule of law is well settled, that, after a conveyance of real estate, the declarations of the grantor'in disparagement of his grant, made in the absence of the grantee, are never admissible in evidence against the grantee. Winchester v. Charter, 97 Mass. 140. Roberts v. Medbery, 132 Mass. 100, and cases cited. The court, therefore, rightly excluded the declarations of Joseph Gr. Horton, offered by the demandant.

The first ruling requested by the demandant was properly refused, because it assumes that the tenant admitted that the deed to him was given to protect the father from…

2Cases cited2 opinions

  1. Winchester v. CharterMassachusetts Supreme Judicial Court · 1867
  2. Roberts v. MedberyMassachusetts Supreme Judicial Court · 1882

3Cited by4 opinions

  1. Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
  2. Davis v. First National BankCourt Of Appeals Of Indian Territory · 1905
  3. Nickless v. Clemente (In Re Clemente)United States Bankruptcy Court, D. Massachusetts · 2009
  4. Coombs v. FessendenSupreme Judicial Court of Maine · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API