Edgerly v. Edgerly
Massachusetts Supreme Judicial Court
Bill in equity, in which the plaintiff prayed that the defendant might be compelled to execute a release of all her right, title and interest in and to an estate on Cunard Street in Boston.
Read the full summary
Bill in equity, in which the plaintiff prayed that the defendant might be compelled to execute a release of all her right, title and interest in and to an estate on Cunard Street in Boston. The bill alleged that in 1858 the plaintiff sold his interest in a copartnership, then existing between himself and one John S. Edgerly, to John S., the consideration consisting of four hundred dollars, and the estate in Cunard Street, that estate being thei worth about three thousand dollars, and six other estates, worth together about four thousand dollars ; that the deeds of convey anee from John S.…
1Opinion of the CourtGbay, J.
This case does not present any question of the validity or effect, in law or in equity, of a deed made by a husband to his wife. The deed in this case was made by a third person at the request of the husband, with the intention of vesting the legal title in the wife.
If by reason of the insertion of the name of the husband, instead of that of the wife, in one place in the deed by mistake of *179the scrivener, the deed did not pass the legal title to the wife, the husband has no need of any release from her.
If she did take the legal title by virtue of the deed, the mere fact that he paid the…
2Cases cited2 opinions
- Bent v. BentSupreme Court of Vermont · 1872
- Cairns v. ColburnMassachusetts Supreme Judicial Court · 1870
3Cited by18 opinions
- Pollock v. PollockMassachusetts Supreme Judicial Court · 1916
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1922
- Frank v. FrankMassachusetts Supreme Judicial Court · 1956
- Dwyer v. DwyerMassachusetts Supreme Judicial Court · 1931
- Davison v. DavisonSupreme Court of Kansas · 1928
13 more not listed; retrieve them via the Exa API.