Tufts v. Tapley
Massachusetts Supreme Judicial Court
Bill ih equity, filed March 22, 1879, against George A. Tapley, Amos Tarleton and Lewis B. West, alleging that, on April 1, 1859, the plaintiff, who then owned certain parcels of land in Chelsea, conveyed the same, by deed absolute in form, and recorded on March 2, 1861, to Tapley, subject to two mortgages, one to Samuel Bigelow for §9000, and the other to said Tapley for §10,000 ; that, at the time of the deed to Tapley, the plaintiff and Tapley executed an agreement under…
Read the full summary
Bill ih equity, filed March 22, 1879, against George A. Tapley, Amos Tarleton and Lewis B. West, alleging that, on April 1, 1859, the plaintiff, who then owned certain parcels of land in Chelsea, conveyed the same, by deed absolute in form, and recorded on March 2, 1861, to Tapley, subject to two mortgages, one to Samuel Bigelow for §9000, and the other to said Tapley for §10,000 ; that, at the time of the deed to Tapley, the plaintiff and Tapley executed an agreement under seal, dated April 1, 1859, and duly recorded on July 20 of that year, by the terms of which Tapley agreed with the…
1Opinion of the CourtSoule, J.
It is unnecessary for us to decide the question, which was much discussed at the argument, whether the deed from the plaintiff to Tapley, with the contract between Tapley and the plaintiff, constituted a mortgage, or an absolute conveyance and a contract for a repurchase on conditions which were not fulfilled by the plaintiff. If the sale was absolute, the plaintiff has lost all rights under the contract for a reconveyance, by failing to pay the amount called for by its terms within the time specified. *382Flagg v. Mann, 14 Pick. 467. 2 White & Tudor Lead. Cas. Eq. (4th Am. ed.) 1995, and cases…
2Cases cited1 opinion
- McSorley v. LarissaMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- Snow v. HutchinsMassachusetts Supreme Judicial Court · 1893