Tufts v. Tufts
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity founded on the following allegations. Peter Tufts of Cambridge, Mass., ■ died in 1827, leaving a small farm and house thereon, where a part of his family continue to reside till the present time.
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This was a bill in equity founded on the following allegations. Peter Tufts of Cambridge, Mass., ■ died in 1827, leaving a small farm and house thereon, where a part of his family continue to reside till the present time. He died insolvent, and the plaintiff, his wife, being executrix under his will, sold the estate at auction for the purpose of paying the debts, September 22d, 1828. The purchasers were Cutter and Cummings, for about $3,460. It was alleged in the bill that she made an agreement with the purchasers that she might retain possession of the premises, and have a reconveyance of…
1Opinion of the Court
WOODBUR1’, Circuit Justice.
This case has been argued very elaborately on both sides, and requires a full and detailed examination. The allegations in the bill are claimed to make out a case for the complainant to recover on several distinct grounds. One is on an agreement, and virtually asks for a specific performance of it, as if it was founded on a proper consideration, and was otherwise valid, and as if everything previously required on the part of the plaintiff had been done. Another is on what amounts to a mortgage, and seeks, in substance, to be allowed to redeem it on the payment of…
2Cases cited49 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Murray v. BallouNew York Court of Chancery · 1815
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Murray v. LylburnNew York Court of Chancery · 1817
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