Erskine v. Townsend
Massachusetts Supreme Judicial Court
)n this action, the nature and facts of which are fully shown by the Chief Justice, in introducing the opinion of the Court, the question was, whether a bond to reconvey an estate, upon payment of a sum of money, bearing even date with a conveyance of the same estate from the obligee to the obligor, was within the provisions of the statute passed November 4, 1785, entitled “ An Act giving remedies in equity,” so as to entitle the obligee to an equity of redemption.
1Opinion of the CourtParsons, C. J.
This action is a writ of entry, in which the plaintiff demands the land described in the writ against the defendant, and declares on his own seisin within two years, and on a disseisin by the defendant. The defendant very improperly prays oyer of the deed declared on, when the plaintiff did not count upon, nor make a proferí of, any deed ; and the Court grant oyer, (a) Upon hearing the deed, it appears to be an absolute conveyance in fee simple of the land demanded, from the defendant to the plaintiff, for the consideration of 260 dollars, and it bears date Feb. 9, 1804. The defendant then…
2Cases cited4 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Carey v. RawsonMassachusetts Supreme Judicial Court · 1811
- Scott v. McFarlandMassachusetts Supreme Judicial Court · 1816
3Cited by42 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Micou v. AshurstSupreme Court of Alabama · 1876
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