Bassett v. Brown
Massachusetts Supreme Judicial Court
Writ op entry dated August 4, 1869, to recover land in Marblehead. Plea, nul disseisin. At the trial in this court, at April term 1870, before Ames, J., after the demandant rested his case, the tenant introduced no testimony, and the demandant’s evidence was reported to the full court, under an agreement of the parties, that if, upon the report, “and all legitimate and proper inferences therefrom,” the demandant was not entitled to recover, the tenant should have judgment;…
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Writ op entry dated August 4, 1869, to recover land in Marblehead. Plea, nul disseisin. At the trial in this court, at April term 1870, before Ames, J., after the demandant rested his case, the tenant introduced no testimony, and the demandant’s evidence was reported to the full court, under an agreement of the parties, that if, upon the report, “and all legitimate and proper inferences therefrom,” the demandant was not entitled to recover, the tenant should have judgment; otherwise, a new trial should be ordered. The following is the substance of the report: In the autumn of 1864, the…
1Opinion of the CourtWells, J.
The evidence for the demandant tended to show that the tenant, while acting or pretending to act as the demand-ant’s agent for the sale of the land in question, procured a deed of it to be made to himself. This was in form and in legal effect a conveyance of the title to Brown. But as the demandant intended it only as a means of carrying into effect a supposed sale to a third party, and the tenant concealed his purpose to obtain the property for his own use, the agent cannot maintain against his principal a title so acquired in fraud of the obligations pertaining to that relation. Aside from…
2Cases cited7 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Whitney v. AllaireNew York Supreme Court · 1847
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
51 more not listed; retrieve them via the Exa API.