Parrott v. Avery
Massachusetts Supreme Judicial Court
Writ op entrt, to recover possession of a parcel of land in Great Barrington. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandants, to this court, on appeal, upon agreed facts, in substance as follows.
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Writ op entrt, to recover possession of a parcel of land in Great Barrington. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandants, to this court, on appeal, upon agreed facts, in substance as follows. The tenant claimed title to the demanded premises by virtue of a deed to him of the same from his grandfather, one Miles Avery, deceased, dated January 21, 1888, the consideration for which was expressed to be “ love and affection,” which was executed in the presence of a witness, and which was recorded on January 31,1893; and also under the…
1Opinion of the CourtAllen, J.
1. The agreed facts fail to show a delivery of the
deed in the grantor’s lifetime. The grantor retained control of the deed and of the land. There was no prior bargain with the grantee, and no indebtedness to him, nor relation of trust towards him. He had no knowledge of the execution of the deed. The only consideration was love and affection. The deed was not recorded during the grantor’s lifetime. There was no oral declaration by the grantor that he meant to have it take effect at once. In short, there was nothing tending to show a delivery of the deed except the bare fact that it was…
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