Legal Opinion

Dix v. Marcy

Massachusetts Supreme Judicial Court

Decided January 30, 1875PublishedCited by 32 opinions

Contract to recover $1800, the price of certain real estate conveyed by the plaintiff to the defendant. The answer admitted the conveyance, but averred that it was made voluntarily and without any agreement for payment on the defendant’s part, Trial in the Superior Court before Dewey, J., who, after verdict for the plaintiff, reported the case to this court. The facts appear in the opinion.

1Opinion of the CourtEndicott, J.

The plaintiff conveyed his farm in August, 1872, to the defendant, his son-in-law, upon an oral agreement, that the defendant would furnish him, his wife and daughter, with a comfortable support during their lives. The defendant also agreed to give the plaintiff a mortgage on the farm or a life lease thereof to secure the support. Under this agreement the plaintiff with his wife and daughter lived with the defendant on the farm until January, 1874. A difficulty then occurred. The defendant ordered the plaintiff to leave, and refused to give him a mortgage according to the agreement. Since…

2Cases cited5 opinions

  1. Gillet v. MaynardNew York Supreme Court · 1809
  2. Williams v. BemisMassachusetts Supreme Judicial Court · 1871
  3. White v. WielandMassachusetts Supreme Judicial Court · 1872
  4. Day v. New York Central RailroadCommission of Appeals · 1873
  5. Sherburne v. FullerMassachusetts Supreme Judicial Court · 1809

3Cited by32 opinions

  1. Washington v. SoriaMississippi Supreme Court · 1896
  2. Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
  3. DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
  4. Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
  5. Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884

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