Prentice v. Brimhall
Massachusetts Supreme Judicial Court
Contract. Writ dated September 27, 1875. The declaration alleged that on April 4, 1874, William S. Hillman, in consideration of $3000, to him paid by the defendant, executed to the defendant a deed of certain real estate in Worcester, and the defendant accepted the same; that the deed contained the following clauses: “ This conveyance is made subject to a mortgage for $1200, and interest since March 4,1874, and also a mortgage for $600, which the said grantee assumes and…
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Contract. Writ dated September 27, 1875. The declaration alleged that on April 4, 1874, William S. Hillman, in consideration of $3000, to him paid by the defendant, executed to the defendant a deed of certain real estate in Worcester, and the defendant accepted the same; that the deed contained the following clauses: “ This conveyance is made subject to a mortgage for $1200, and interest since March 4,1874, and also a mortgage for $600, which the said grantee assumes and agrees to pay and save said grantor safe and harmless therefrom.” “And I do hereby, for myself and my heirs, executors and…
1Opinion of the CourtGray, C. J.
The defendant, by accepting the deed, made a contract with his grantor to pay the amount of the mortgages upon the land granted ; but the grantor transferred no money or fund to the defendant; and the defendant made no contract with the mortgagees or their assigns, upon which an action at law will lie. Mellen v. Whipple, 1 Gray, 317. Exchange Bank v. Rice, 107 Mass. 37. Pettee v. Peppard, 120 Mass. 522.
In Felch v. Taylor, 13 Pick. 133, and Adams v. Adams, 14 Allen, 65, in which the acceptance of a devise of land, charged *294with the payment of an annuity or legacy, was held to create an implied…
2Cases cited2 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Pettee v. PeppardMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Creesy v. WillisMassachusetts Supreme Judicial Court · 1893
- Rogers v. Union Stone Co.Massachusetts Supreme Judicial Court · 1881
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