Legal Opinion

Chesman v. Cummings

Massachusetts Supreme Judicial Court

Decided May 12, 1886PublishedCited by 17 opinions

Bill in equity, filed November 11,1885, by the executors of the will of William Perry, against John Cummings, to enforce specific performance by the defendant of an agreement in writing for the purchase of a parcel of land in Brockton. By an amendment to the bill, William Perry, the sole heir at law and next of kin of the testator, was made a party defendant.

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Bill in equity, filed November 11,1885, by the executors of the will of William Perry, against John Cummings, to enforce specific performance by the defendant of an agreement in writing for the purchase of a parcel of land in Brockton. By an amendment to the bill, William Perry, the sole heir at law and next of kin of the testator, was made a party defendant. Hear-ing before Devens, J., who reserved for the consideration of the full court the following case : The testator died on May 29, 1884, leaving a will, dated Janu- ' ary 18, 1888, which was duly proved and allowed, of which the…

1Opinion of the CourtDevens, J.

It has been heretofore held, in proceedings to enforce specific performance of a contract for the purchase of real estate, that a purchaser will not be required to accept any title which is doubtful, or which, even if apparently good, may possibly be defeated by facts and circumstances the existence of which cannot be accurately determined. Jeffries v. Jeffries, 117 Mass. 184. It was therefore decided in Noyes v. Johnson, 139 Mass. 436, that a person was not bound to accept a title by adverse possession, depending upon a long and difficult investigation of facts.

A title however, cannot be…

2Cases cited7 opinions

  1. Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
  2. Gill v. WellsCourt of Appeals of Maryland · 1883
  3. People v. Open Board of Stock Brokers Building Co.New York Court of Appeals · 1883
  4. Noyes v. JohnsonMassachusetts Supreme Judicial Court · 1885
  5. Butts v. AndrewsMassachusetts Supreme Judicial Court · 1884

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3Cited by17 opinions

  1. Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
  2. Forbes v. SnowMassachusetts Supreme Judicial Court · 1923
  3. Ladd v. WeiskopfSupreme Court of Minnesota · 1895
  4. Gates v. ParmlyWisconsin Supreme Court · 1896
  5. Cushman v. ArnoldMassachusetts Supreme Judicial Court · 1904

12 more not listed; retrieve them via the Exa API.

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