Palmer v. Wall
Massachusetts Supreme Judicial Court
Contract for breach of an agreement in a deed of land to release the land from a mortgage. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the consideration of this court, in substance as follows; By the deed, Edward S. Rand, Jr., “in consideration of $500 to Helen M. Wall paid by Vashti H. Palmer,” quitclaimed unto Palmer a parcel of land in Boston, described by metes and bounds, and stated to be “ subject to a proportionate part…
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Contract for breach of an agreement in a deed of land to release the land from a mortgage. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the consideration of this court, in substance as follows; By the deed, Edward S. Rand, Jr., “in consideration of $500 to Helen M. Wall paid by Vashti H. Palmer,” quitclaimed unto Palmer a parcel of land in Boston, described by metes and bounds, and stated to be “ subject to a proportionate part of a mortgage of $3000, from which Helen M. Wall (by whom the consideration of this deed is received, the said Rand only…
1Opinion of the CourtGray, C. J.
The deed of conveyance to the plaintiff recites that Helen M. Wall has been paid the consideration thereof by the grantee, and is signed and sealed by her, as well as by the holder of the legal title, and states that she “agrees to release said granted premises ” from a proportionate part of a mortgage for $3000. This is an. express covenant by her to procure a discharge of the incumbrance. The final clause of the deed, which states that she “ joins to release any equitable interest in said premises,” does not state that to be her only purpose, and cannot impair the effect of the covenant…
2Cited by1 opinion
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