Tucker v. White
Massachusetts Supreme Judicial Court
Contract, with counts in tort, against a deputy of the sheriff of Norfolk. Writ dated October 3, 1876. Trial in the Superior Court, before Wilkinson, J., who reported the case for the determination of this court in substance as follows : Francis A. Smith, by warranty deed in common form, dated November 26,1844, became the owner of certain land in Stoughton, and has lived on it with his wife ever since, having no other land with a house on it.
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Contract, with counts in tort, against a deputy of the sheriff of Norfolk. Writ dated October 3, 1876. Trial in the Superior Court, before Wilkinson, J., who reported the case for the determination of this court in substance as follows : Francis A. Smith, by warranty deed in common form, dated November 26,1844, became the owner of certain land in Stoughton, and has lived on it with his wife ever since, having no other land with a house on it. On August 14,1876, the defendant, a deputy sheriff, sold this land with the buildings thereon, by auction, under an execution against Smith, issued in…
1Opinion of the CourtMorton, J.
The plaintiff cannot maintain an action of contract founded upon any oral statement, made by the defendant before the deed was delivered, that the estate sold was free from incumbrances. All the previous negotiations are merged in the written contract contained in the deed. Of that contract the deed is the exclusive evidence, and the covenants contained in it cannot be enlarged by paroi testimony. Howe v. Walker, 4 Gray, 318. Earle v. De Witt, 6 Allen, 520.
Upon the facts which appeared at the trial, we are of opinion that the plaintiff cannot maintain an action of tort in the nature of…
2Cases cited5 opinions
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Smith v. PalmerMassachusetts Supreme Judicial Court · 1850
3Cited by9 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Boston & Albany Railroad v. RichardsonMassachusetts Supreme Judicial Court · 1883
- Davis v. NuzumWisconsin Supreme Court · 1888
- Howe v. JohnsonMassachusetts Supreme Judicial Court · 1920
- State v. CassSupreme Court of New Jersey · 1889
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