Legal Opinion

Boardman v. Jackson

Massachusetts Supreme Judicial Court

Decided November 19, 1875PublishedCited by 6 opinions

Bill in equity filed June 16, 1875, against Abraham Jackson, William M. Byrnes, and Ella S. Cahoon, alleging the following facts: On March 27,1873, the plaintiff was seised in fee simple of a certain parcel of land, with the dwelling-house thereon, situated on Ashland Street, in Boston.

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Bill in equity filed June 16, 1875, against Abraham Jackson, William M. Byrnes, and Ella S. Cahoon, alleging the following facts: On March 27,1873, the plaintiff was seised in fee simple of a certain parcel of land, with the dwelling-house thereon, situated on Ashland Street, in Boston. On that day, the defendant Jackson, intending and contriving to cheat and defraud the plaintiff of her said estate, fraudulently made or caused to be made a deed thereof to himself, with full covenants of warranty, and forged or caused to be forged thereto the name of the plaintiff as the grantor therein, and…

1Opinion of the CourtGray, C. J.

Upon the allegations of the bill, the defendants Jackson and Byrnes have no title in the premises, and the other defendant is in possession under no other title than a lease from Jackson. The plaintiff’s remedy at law, by writ of entry against Jackson or Byrnes, or both of them, is therefore full, adequate and complete, and this bill cannot be maintained. Brewer v. Stevens, 13 Allen, 346. Pratt v. Pond, 5 Allen, 59. Metcalf v. Cady, 8 Allen, 587. Bassett v. Brown, 100 Mass. 355. Suter v. Matthews, 115 Mass. 253. Swamscott Machine Co. v. Perry, ante, 123, Bill dismissed.

2Cases cited2 opinions

  1. Bassett v. BrownMassachusetts Supreme Judicial Court · 1868
  2. Suter v. MatthewsMassachusetts Supreme Judicial Court · 1874

3Cited by6 opinions

  1. Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
  2. Seymour Water Co. v. City of SeymourIndiana Supreme Court · 1904
  3. Lautz v. GordonU.S. Circuit Court for the District of Northern New York · 1886
  4. Robinson v. RobinsonSupreme Judicial Court of Maine · 1882
  5. Hanscom v. BourneSupreme Judicial Court of Maine · 1935

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