Barnes v. Barnes
Massachusetts Supreme Judicial Court
Bill in equity, filed November 25, 1892, for the cancellation of a deed alleged not to have been delivered to the defendant, and constituting an alleged cloud on the title of the plaintiff. Hearing before Holmes, J., who entered a decree for the plaintiff, and, at the request of the defendant, reported the case for the consideration of the full court, in substance as follows.
Read the full summary
Bill in equity, filed November 25, 1892, for the cancellation of a deed alleged not to have been delivered to the defendant, and constituting an alleged cloud on the title of the plaintiff. Hearing before Holmes, J., who entered a decree for the plaintiff, and, at the request of the defendant, reported the case for the consideration of the full court, in substance as follows. The plaintiff, on June 2, 1883, signed and sealed a deed purporting to convey a parcel of land in Boston to the defendant, and caused it to be recorded. He then received it back, and it never was in the possession of the…
1Opinion of the CourtMorton, J.
It is expressly found in the report that the plaintiff never held the deed as the agent or guardian of the defendant, or on her behalf, and that it never has been in her possession or in that of any one representing her. The plaintiff has always kept possession of the land, and has always had actual possession of the deed, except when it was at the registry. There is no finding that, when he carried the deed to be recorded, he delivered it to the register as the agent of or on behalf of the defendant, or for her use, or to be transmitted to her. It is not found what the consideration was, nor…
2Cases cited6 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Ross v. RossCourt of Appeals of Kentucky · 1860
- Parrott v. AveryMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Loring v. HildrethMassachusetts Supreme Judicial Court · 1898
- Sullivan v. HudginsMassachusetts Supreme Judicial Court · 1939
- Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
- Murphy v. HanrightMassachusetts Supreme Judicial Court · 1921
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
13 more not listed; retrieve them via the Exa API.