Colman v. Packard
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandant counts generally on his own seisin within thirty years, and upon a disseisin by the tenant.
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This was a writ of entry, in which the demandant counts generally on his own seisin within thirty years, and upon a disseisin by the tenant. At the trial before Wilde, J., September term, 1817, at Augusta, the demandant relied upon a deed of the tenant, conveying the demanded premises to him in fee, with condition to be void, if the tenant should support and maintain the demandant and his wife during their lives ; and build a house, &c. on another parcel of land for one of the demandant’s sons. The tenant produced a deed from the demandant, conveying the same premises to him in fee, of the…
1Opinion of the Court
By the Court.
The demandant, as mortgagee, has lawful right to the possession of the demanded premises. There can be no doubt that the parties intended that the mortgagor should remain in possession, until there was a breach of the condition of the deed. But by the principles of the common law, as well as our own statutes relating to the conveyance of real estate, agreements to that effect must be in writing, to be obligatory. It is time it was * known [ * 40 J that contracts like this, where one party conveys his estate to another, in consideration of a support to be furnished by the…
2Cases cited1 opinion
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
3Cited by13 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
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