Creeden v. Mahoney
Massachusetts Supreme Judicial Court
Bill in equity, filed November 23, 1905, as follows: “ 1. On or about the first day of January, 1898, the plaintiff, being desirous of, and for the purpose of, raising money upon the security of the land hereinafter mentioned, without doing so in his own name, caused to be written out a certain writing or instrument in the form of an ordinary warranty deed, a copy of which is hereto annexed, purporting to convey the land therein mentioned, to the defendant, with the intent…
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Bill in equity, filed November 23, 1905, as follows: “ 1. On or about the first day of January, 1898, the plaintiff, being desirous of, and for the purpose of, raising money upon the security of the land hereinafter mentioned, without doing so in his own name, caused to be written out a certain writing or instrument in the form of an ordinary warranty deed, a copy of which is hereto annexed, purporting to convey the land therein mentioned, to the defendant, with the intent and purpose that the defendant who was his brother-in-law, should, in his own name, execute a mortgage of said land, but…
1Opinion of the CourtBraley, J.
The plaintiff rests his claim to equitable relief upon the ground that the deed not having been delivered the defendant never became seised of the land, and the principal averments of the bill are, that for his own advantage he caused the deed to be made and recorded to enable the defendant to execute a mortgage of the land, which accordingly was done. If the making, recording, and subsequent retention of the deed by the grantor are acts consistent with his continued ownership, *405it is settled that manual delivery of the instrument is not required to work a transfer, for acts of the grantee…
2Cases cited8 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Gould v. DaySupreme Court of the United States · 1877
- Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
- Barnes v. BarnesMassachusetts Supreme Judicial Court · 1894
- Meigs v. DexterMassachusetts Supreme Judicial Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Sullivan v. HudginsMassachusetts Supreme Judicial Court · 1939
- Wiley v. London & Lancashire Fire InsuranceSupreme Court of Connecticut · 1914
- Murphy v. HanrightMassachusetts Supreme Judicial Court · 1921
- Blackwell v. BlackwellMassachusetts Supreme Judicial Court · 1907
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