Mather v. Corliss
Massachusetts Supreme Judicial Court
Contract by John Mather, Thomas Mather and Thomas Berry, the grantees named in a deed of Joshua Mather, dated June 20,1865, against the executor of his will, on a covenant in the deed for the payment of §15,000 to the plaintiffs.
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Contract by John Mather, Thomas Mather and Thomas Berry, the grantees named in a deed of Joshua Mather, dated June 20,1865, against the executor of his will, on a covenant in the deed for the payment of §15,000 to the plaintiffs. Writ dated October 1, 1867. The case was reserved by Wells, J., for the determination of the full court, on a statement of agreed facts, of which the following is the substance of the material parts: Joshua Mather died June 22,1865, having made his last will Tnne 11, and a codicil June 20, which were proved and allowed in the probate court for Middlesex October 10,…
1Opinion of the CourtMorton, J.
The facts of this case show conclusively that i* was the intention of Joshua Mather to deliver the deed, upon which the plaintiffs rely, to Mr. Corliss for them, absolutely, and not as an escrow. He delivered it for said grantees to said *571Corliss, who so received it and kept it till delivered by him to the grantees. This deed took effect, and vested the estate thereby conveyed in the plaintiffs, from the delivery to Corliss. The case of Foster v. Mansfield, 3 Met. 412, is a conclusive authority upon this point, and renders further discussion of it unnecessary.
There being a valid delivery of…
2Cases cited1 opinion
- Page v. TrufantMassachusetts Supreme Judicial Court · 1806
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