Wing v. Deans
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February 6, 1912, and afterwards amended, to enjoin the defendant from prosecuting a writ of entry which, as the heir at law of one Nancy S. Davis, formerly Nancy S. Deans, he had brought against one Mary Judson Eldridge to recover a one fifth undivided interest in certain real estate in Needham which Nancy S. Deans in 1871, while her husband was living and without his assenting thereto, had undertaken to convey to the…
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Bill in equity, filed in the Supreme Judicial Court on February 6, 1912, and afterwards amended, to enjoin the defendant from prosecuting a writ of entry which, as the heir at law of one Nancy S. Davis, formerly Nancy S. Deans, he had brought against one Mary Judson Eldridge to recover a one fifth undivided interest in certain real estate in Needham which Nancy S. Deans in 1871, while her husband was living and without his assenting thereto, had undertaken to convey to the plaintiffs’ ancestor, who, by mesne conveyances with covenants of warranty, had conveyed it to the tenant in the writ of…
1Opinion of the CourtBraley, J.
A married woman at common law was incapable of conveying her lands by deed, and the conveyance including *547the covenants was not merely voidable, but absolutely void either in law or equity. Fowler v. Shearer, 7 Mass. 14. Concord Bank v. Bellis, 10 Cush. 276. Jewett v. Davis, 10 Allen, 68. Nolin v. Pearson, 191 Mass. 283, 284. Nor unless acting under a power of appointment could she make a valid will devising real property. Bunnell v. Hixon, 205 Mass. 468. But, whether through immemorial usage as stated by Chief Justice Parsons in Fowler v. Shearer, 7 Mass. 14, 21, or by force of the Prov. St.…
2Cases cited14 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Bank of America v. BanksSupreme Court of the United States · 1880
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- Pierce v. ChaceMassachusetts Supreme Judicial Court · 1871
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3Cited by5 opinions
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- Deans v. EldredgeMassachusetts Supreme Judicial Court · 1914
- Nickerson v. NickersonMassachusetts Supreme Judicial Court · 1920
- French v. SlackSupreme Court of Vermont · 1915