Ahrend v. Odiorne
Massachusetts Supreme Judicial Court
Bill in equity, filed October 8, 1874, by Simon Ahrend against George F. Odiorne, Mary Louisa Stebbins and William Barnard, alleging the following facts : In February, 1874, the defendant Odiorne and Retire 0. Sturges represented to the plaintiff that certain persons were building a schooner for them in the State of Connecticut, and they thereupon agreed with the plaintiff to cause said vessel to be built, finished and delivered to the plaintiff on or before August 1, 1874;…
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Bill in equity, filed October 8, 1874, by Simon Ahrend against George F. Odiorne, Mary Louisa Stebbins and William Barnard, alleging the following facts : In February, 1874, the defendant Odiorne and Retire 0. Sturges represented to the plaintiff that certain persons were building a schooner for them in the State of Connecticut, and they thereupon agreed with the plaintiff to cause said vessel to be built, finished and delivered to the plaintiff on or before August 1, 1874; and in consideration thereof the plaintiff agreed to con vey to them two parcels of land in Boston (described in the…
1Opinion of the CourtGray, C. J.
The plaintiff principally relies upon the doctrine of the English courts of chancery that the vendor of real estate by an absolute deed has a lien thereon for the unpaid purchase money, without proof of any agreement of the parties to that effect.
*264The earliest case which contains a full discussion of the doctrine, the source from which it is derived, and the reasons and authorities by which it is supported, is Machreth v. Symmons, 15 Ves. 329, decided by Lord Eldon in 1808.
If, as the learned chancellor thought, “ the doctrine is probably ierived from the civil law as .to goods,” it is somewhat…
2Cases cited13 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Randall v. HowardSupreme Court of the United States · 1863
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- Smith v. AllenWashington Supreme Court · 1897
34 more not listed; retrieve them via the Exa API.