Hill v. Hobart
Supreme Judicial Court of Maine
This was an action of debt, commenced, Feb. 18, 1836, upon a bond made by the defendants, James T. Hobart and Sylvanus L. Mitchell, to the plaintiff, dated June 15, 1835, which recites that the defendants had received the full consideration, $44,998,33, for a tract of land described, and concludes thus, “ Now if we in a reasonable time after request shall make and execute to said Hill, or assigns, a good and sufficient deed to convey the title to said premises, then this…
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This was an action of debt, commenced, Feb. 18, 1836, upon a bond made by the defendants, James T. Hobart and Sylvanus L. Mitchell, to the plaintiff, dated June 15, 1835, which recites that the defendants had received the full consideration, $44,998,33, for a tract of land described, and concludes thus, “ Now if we in a reasonable time after request shall make and execute to said Hill, or assigns, a good and sufficient deed to convey the title to said premises, then this obligation is to be void, otherwise to remain in full force and effect.” It is believed, that the case will be sufficiently…
1Opinion of the Court
The opinion of the Court was drawn up by
Sheplet J.
The bond, declared upon in this case, differs, in one important particular, from those numerous bonds given within the last few years to convey real estate, upon payment or security of the purchase money, it recites an entire payment of the purchase money; and no act, other than to demand one, remained to be done by the plaintiff, to entitle himself to a conveyance. And this demand he was at liberty to make whenever he pleased.
The rights of the parties are supposed, by the defendants’ counsel, to be presented in their requests for…
2Cases cited1 opinion
- Hopkins v. LeeSupreme Court of the United States · 1821
3Cited by28 opinions
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- American Central Life Insurance v. RosensteinIndiana Court of Appeals · 1910
- Henderson v. DanielsMontana Supreme Court · 1922
- Morris v. WibauxIllinois Supreme Court · 1895
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
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