Lynes v. Hayden
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, granting a petition under the Gen. Sts. e. 117, § 5, for the specific performance of the following agreement, signed by Washington F. Somerby, the defendant’s intestate: “ Cambridge, July 20, 1871. In consideration of ten dollars to me paid by E. G. Lynes, of Cambridge, and other valuable considerations, I herein agree to deed to said Lynes from twenty-six to twenty-eight thousand feet of land situate on Walden Street and Vassal…
Read the full summary
Appeal from a decree of the Probate Court, granting a petition under the Gen. Sts. e. 117, § 5, for the specific performance of the following agreement, signed by Washington F. Somerby, the defendant’s intestate: “ Cambridge, July 20, 1871. In consideration of ten dollars to me paid by E. G. Lynes, of Cambridge, and other valuable considerations, I herein agree to deed to said Lynes from twenty-six to twenty-eight thousand feet of land situate on Walden Street and Vassal Lane in said Cambridge, when the bounds are fixed and the street laid out, the street to be forty feet wide and two hundred…
1Opinion of the CourtGray, C. J.
The jurisdiction to enforce specific performance of written agreements of persons deceased, conferred upon the Probate Court by the Gen. Sts. c. 117, § 5, is concurrent with the jurisdiction of this court in equity under the Gen. Sts. c. 113, § 2, and must be governed by the same rules.
The agreement signed by the intestate describes the boundaries of the land by the adjoining streets on the northeast and northwest only, and looks to the fixing of the bounds, and the laying out of another street, before the conveyance. The report finds that the bounds were not fixed, nor the location of the…
2Cases cited2 opinions
- Pray v. ClarkMassachusetts Supreme Judicial Court · 1873
- Grace v. DenisonMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Hamilton v. HarveyIllinois Supreme Court · 1887
- Conos v. SullivanMassachusetts Supreme Judicial Court · 1924
- Giles v. DunbarMassachusetts Supreme Judicial Court · 1902
- Vierra v. RopertHawaii Supreme Court · 1896