Bassett v. Brown
Massachusetts Supreme Judicial Court
Bill in equity alleging that the plaintiff, being desirous to sell two lots of land which he owned in Marblehead, entered into negotiations with the defendant Brown; that Brown pretended to be a broker, undertook to act as the plaintiff’s agent in the matter, and soon afterwards represented to the plaintiff that he had found a purchaser in the person of a gentleman absent in Canada, who would pay the price in certain shares in mining companies; that Brown further represented…
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Bill in equity alleging that the plaintiff, being desirous to sell two lots of land which he owned in Marblehead, entered into negotiations with the defendant Brown; that Brown pretended to be a broker, undertook to act as the plaintiff’s agent in the matter, and soon afterwards represented to the plaintiff that he had found a purchaser in the person of a gentleman absent in Canada, who would pay the price in certain shares in mining companies; that Brown further represented that these shares were valuable and a fair consideration for the land, and recommended to the plaintiff to close the…
1Opinion of the CourtColt, J.
The case stated by the plaintiff shows that he has a plain, adequate and complete remedy at law. A writ of entry will settle the title. Brown is in possession claiming title. A judgment in the plaintiff’s favor will establish his title against Brown and Pedick, and those claiming under them by convey anee made after the commencement of the action. Pratt v. Pond, 5 Allen, 59. Martin v. Graves, Ib. 601.
In Whittemore v. Cowell, 7 Allen, 446, cited by the plaintiff, a bill in equity was indeed sustained upon demurrer, one object of which was to set aside a conveyance of land procured by fraud;…
2Cited by9 opinions
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Smith v. . RyanNew York Court of Appeals · 1908
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
- Long v. RichardsMassachusetts Supreme Judicial Court · 1898
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