Morris v. McCarty
Massachusetts Supreme Judicial Court
Writ of entry, to recover an undivided half of a parcel of land in Boston. The case was heard in the Superior Court, without a jury, by Sherman, J., who found that the demandants were children, and the only heirs of Mary Ann McCarty, the alleged wife of the tenant John McCarty; that a deed of the land, dated January 16,1886, was made to the tenant and Mary Ann McCarty, his alleged wife, the material parts of which are as follows: “ Know all men by these presents, that we,…
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Writ of entry, to recover an undivided half of a parcel of land in Boston. The case was heard in the Superior Court, without a jury, by Sherman, J., who found that the demandants were children, and the only heirs of Mary Ann McCarty, the alleged wife of the tenant John McCarty; that a deed of the land, dated January 16,1886, was made to the tenant and Mary Ann McCarty, his alleged wife, the material parts of which are as follows: “ Know all men by these presents, that we, George Curtis and Solomon Bolster, trustees, in consideration of twenty-five hundred dollars to us paid by John McCarty…
1Opinion of the CourtAllen, J.
The deed could not have the effect to create an estate in entirety, because the grantees were not in fact husband and wife, though described as such by the grantors. The question therefore is whether the grantees became joint tenants or tenants in common.
The deed was given in 1886, and is therefore subject to St. 1885, c. 237, under which a deed must be construed to create an estate in common, unless, by its true construction, it is expressed therein that the grantees are to take the land jointly or as joint tenants, or to them and the survivor of them, or unless it manifestly appears from…
2Cases cited1 opinion
- Donahue v. HubbardMassachusetts Supreme Judicial Court · 1891
3Cited by21 opinions
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
- Mitchell v. FrederickCourt of Appeals of Maryland · 1934
- Raptes v. PappasMassachusetts Supreme Judicial Court · 1927
- Hoag v. HoagMassachusetts Supreme Judicial Court · 1912
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