Staples v. Dean
Massachusetts Supreme Judicial Court
Contract upon the covenants of seisin and right to convey in a deed of land given by the defendant and his wife to the plaintiff. The consideration named in the deed was $950. At the trial in the Superior Court, before Devens, J., the execution and delivery of the deed were proved, and it was admitted that neither of the grantors had any title or interest in the land, except the right of the female grantor to dower, the land having been the property of her former husband.
Read the full summary
Contract upon the covenants of seisin and right to convey in a deed of land given by the defendant and his wife to the plaintiff. The consideration named in the deed was $950. At the trial in the Superior Court, before Devens, J., the execution and delivery of the deed were proved, and it was admitted that neither of the grantors had any title or interest in the land, except the right of the female grantor to dower, the land having been the property of her former husband. There was evidence to show that the plaintiff, being the agent of a life insurance company, negotiated with one Sylvester,…
1Opinion of the CourtWells, J.
The defendant was a stranger to the consideration agreed on between the plaintiff and Sylvester, except as ta that part of it which he received upon the subsequent execution and delivery of the deed. To the extent of what he actually received, the plaintiff doubtless might hold him liable upon hia covenant of seisin and title. But otherwise, the measure of hia *127liability would be the actual value of the land at the time of the conveyance. Smith v. Strong, 14 Pick. 128. Byrnes v. Rich, 5 Gray, 518. Hodges v. Thayer, 110 Mass. 286.
The plaintiff has no ground to complain of the rulings at the…
2Cases cited1 opinion
- Hodges v. ThayerMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Hunt v. . HayNew York Court of Appeals · 1915
- Williams v. BakerMassachusetts Supreme Judicial Court · 1911
- Hunt v. HayAppellate Division of the Supreme Court of the State of New York · 1913
- Hunt v. HayAppellate Division of the Supreme Court of the State of New York · 1913