Cunningham v. Blake
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed September 11, 1876, for specific performance of the following agreement, signed by the plaintiff and defendant: “I, S. P. Blake, Jr., agree to lend Catherine H. Cunningham eight thousand dollars for three years at six and one half per cent., on her note secured by mortgage of the house in which she resides in Dorchester, with about one hundred and twenty-five thousand feet of land. [Here followed a description of the land by metes and bounds.] And I,…
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Bill in EQUITY, filed September 11, 1876, for specific performance of the following agreement, signed by the plaintiff and defendant: “I, S. P. Blake, Jr., agree to lend Catherine H. Cunningham eight thousand dollars for three years at six and one half per cent., on her note secured by mortgage of the house in which she resides in Dorchester, with about one hundred and twenty-five thousand feet of land. [Here followed a description of the land by metes and bounds.] And I, Catherine H. Cun • ningham, agree to borrow said sum within two weeks herefrom, and to give said mortgage conveying a…
1Opinion of the Court
By the Court.
The testator, by the language which he used, has not so clearly manifested an intention that his widow should take an estate in fee, or an absolute power of disposal, that this court, sitting in equity, can declare that she can make a clear title which the defendant should be specifically compelled to accept, and thereby to assume the risk of litigation with the testator’s children, who are not parties to this suit, Jeffries v. Jeffries, 117 Mass. 184. Bill dismissed.
2Cases cited1 opinion
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- Hunting v. DamonMassachusetts Supreme Judicial Court · 1894
- Butts v. AndrewsMassachusetts Supreme Judicial Court · 1884
- Cushing v. SpaldingMassachusetts Supreme Judicial Court · 1895
- Spencer v. SanduskyWest Virginia Supreme Court · 1899
- Smith v. MacAlisterMassachusetts Appeals Court · 1972
3 more not listed; retrieve them via the Exa API.