Dow v. Whitney
Massachusetts Supreme Judicial Court
Bill in equity, filed August 7,1887, for the specific performance by the defendant of an agreement to purchase land. The facts of the case are as follows.
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Bill in equity, filed August 7,1887, for the specific performance by the defendant of an agreement to purchase land. The facts of the case are as follows. On November 2, 1857, Stephen Dow became the owner of a tract of land in Brookline, including the premises in question, by deeds, which were duly recorded, from Samuel A. Robinson and others, and from Otis Withington, and subsequently conveyed portions of it, other than such premises, to different persons by deeds also recorded. On November 1,1878, Stephen Dow, by a deed, which contained the usual covenants of warranty, conveyed to “Alfred…
1Opinion of the CourtMorton, C. J.
It is clear that the clause following the specific description in Stephen Dow’s deed, beginning, “ being the same premises,” etc., was not intended to limit the prior granting clause of the deed, or to alter the description, but was inserted for the purpose of showing the grantor’s chain of title. Lovejoy v. Lovett, 124 Mass. 270.
The principal question in this case is whether the deed of Stephen Dow conveyed to the grantee a title which is superior to that of any grantee by a prior unrecorded deed of the grantor. This question was fully considered and discussed in Woodward v. Sartwell, 129…
2Cases cited5 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
- Fitzgerald v. LibbyMassachusetts Supreme Judicial Court · 1886
3Cited by17 opinions
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
- Smith v. McClainIndiana Supreme Court · 1896
- Cowden v. CuttingMassachusetts Supreme Judicial Court · 1959
- Mishara v. AlbionMassachusetts Supreme Judicial Court · 1961
- ButrickMassachusetts Supreme Judicial Court · 1904
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