Huntington v. Lyman
Massachusetts Supreme Judicial Court
Bill in equity, filed November 7,1884, for specific performance of the following agreement, dated May 2, 1884, and signed by the plaintiff and defendant: “ Charles W. Huntington agrees to sell to Arthur T. Lyman, and said Lyman agrees to buy of said Huntington, the house and lot now numbered 74 Mt. Vernon Street in Boston, for the sum of seventeen thousand seven hnndred and fifty dollars.
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Bill in equity, filed November 7,1884, for specific performance of the following agreement, dated May 2, 1884, and signed by the plaintiff and defendant: “ Charles W. Huntington agrees to sell to Arthur T. Lyman, and said Lyman agrees to buy of said Huntington, the house and lot now numbered 74 Mt. Vernon Street in Boston, for the sum of seventeen thousand seven hnndred and fifty dollars. The premises are to be conveyed free from any incumbrance, and the title is to be good and indefeasible. The deed is to be delivered and the consideration paid on or before June 1 next.” The bill alleged…
1Opinion of the Court
By the Court.
Mary Frazier Curtis took a fee simple under the deed from Thomas B. and Daniel S. Curtis. The granting part clearly gives her a fee simple. The habendum is to her and “to the use of heir heirs and assigns forever.” Plainly the word “ heir ” is a clerical mistake for “ her.” The provision, that she is to hold the premises free from the control of any husband she may have, is surplusage, but it does not show any intention to cut down or limit the grant of a fee simple clearly made in the granting part of the deed.
Judgment for the plaintiff.
2Cited by3 opinions
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- Wilson v. TerryMichigan Supreme Court · 1902