Conley v. Finn
Massachusetts Supreme Judicial Court
Bill in equity, filed August 26,1897, in the Superior Court, for the specific performance of an agreement for the sale and purchase of certain real estate. Hearing on the bill, answer, and an agreed statement of facts before Lilley, J., who, having ordered that a decree be entered dismissing the bill and the plaintiffs having, appealed, at the request of the plaintiffs and with the consent of the defendant, reported the case for the determination of this court.
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Bill in equity, filed August 26,1897, in the Superior Court, for the specific performance of an agreement for the sale and purchase of certain real estate. Hearing on the bill, answer, and an agreed statement of facts before Lilley, J., who, having ordered that a decree be entered dismissing the bill and the plaintiffs having, appealed, at the request of the plaintiffs and with the consent of the defendant, reported the case for the determination of this court. If the ruling was correct, the decree was to be affirmed ; otherwise, such decree was to be entered as justice might require. The…
1Opinion of the CourtKnowlton, J.
The defence is that the plaintiffs do not offer to give a good title. They tendered to the defendant a warranty deed of the premises, subject to a mortgage, which, by the terms of the contract, he was to assume and pay as a part of the consideration. It is agreed that this deed gives a perfect title to the property unless there is an encumbrance or a cloud upon the title growing out of the fact that a deed from Nathan Conant to George Footman, under which the title is claimed, and which bears date February 11, 1839, was not acknowledged until August 3, 1859, nor recorded until August 4 of the…
2Cases cited12 opinions
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Murray v. . HarwayNew York Court of Appeals · 1874
- The People v. . SnyderNew York Court of Appeals · 1869
- O'Connor v. . HugginsNew York Court of Appeals · 1889
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
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3Cited by30 opinions
- Nelson v. BrownSupreme Court of Alabama · 1910
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- Olszewski v. SardynskiMassachusetts Supreme Judicial Court · 1944
- O'Meara v. GleasonMassachusetts Supreme Judicial Court · 1923
- R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
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