Martin v. Graves
Massachusetts Supreme Judicial Court
Bill in equity by the residuary devisees of John Sparhawk, deceased, alleging that the defendants through fraud and undue influence procured from Sparhawk in his lifetime, without consideration, the execution of a deed of land to Sarah Graves, the female defendant, in which the right of occupying the premises was reserved to Sparhawk and his wife, during their joint lives and the life of the survivor of them; and that the defendants have refused to deliver up or cancel the…
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Bill in equity by the residuary devisees of John Sparhawk, deceased, alleging that the defendants through fraud and undue influence procured from Sparhawk in his lifetime, without consideration, the execution of a deed of land to Sarah Graves, the female defendant, in which the right of occupying the premises was reserved to Sparhawk and his wife, during their joint lives and the life of the survivor of them; and that the defendants have refused to deliver up or cancel the deed, but claim tit.s to the premises, subject to the life estate of the widow of Spar-hawk. The defendants filed a…
1Opinion of the CourtMerrick, J.
The defendants contend that upon the facts stated in the bill the plaintiffs have a plain, adequate and complete remedy at law, and therefore that their demurrer must be sustained. It is true that if the defendants were in possession of the premises described in the bill, claiming title thereto, and a right to exclude the plaintiffs therefrom, under and by virtue of the deed from John Sparhawk to Sarah Graves, and that the validity of this deed constituted the only matter in controversy between .the parties, the plaintiffs would be afforded in proceedings at law an ample and perfect remedy.…
2Cited by3 opinions
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