Knight v. Thayer
Massachusetts Supreme Judicial Court
Writ oe entry, dated February 2, 1877, against Mary G. Thayer, Benjamin E. Thayer and Lucy A. Knight, to foreclose a mortgage of land in Easthampton. The two first named tenants disclaimed title to the freehold. The tenant Knight pleaded nul disseisin.
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Writ oe entry, dated February 2, 1877, against Mary G. Thayer, Benjamin E. Thayer and Lucy A. Knight, to foreclose a mortgage of land in Easthampton. The two first named tenants disclaimed title to the freehold. The tenant Knight pleaded nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandant, to this court, on appeal, on agreed facts, in substance as follows: The two first named tenants are husband and wife, having been married prior to any of the transactions herein stated. The other tenant is their daughter. The demandant claimed title under a…
1Opinion of the CourtGray, C. J.
By the common law of Massachusetts, the warranty deed of a married woman, though executed in such form as to convey her title, did not operate against her by way of covenant or of estoppel; because she was incapable of binding herself by covenant of warranty or by agreement to convey her real estate. Wight v. Shaw, 5 Cush. 56. Lowell v. Daniels, 2 Gray, 161. McGregor v. Wait, 10 Gray, 72.
But by the Gen. Sts. c. 108, § 3, every married woman is made capable of bargaining, selling and conveying her separate *27real and personal "property, entering into any contracts in reference to the same, and…
2Cases cited4 opinions
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Merriam v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1875
- Faucett v. CurrierMassachusetts Supreme Judicial Court · 1871
- Richmond v. TibblesSupreme Court of Iowa · 1868
3Cited by25 opinions
- Baldwin v. RootTexas Supreme Court · 1897
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Ayer v. Philadelphia & Boston Face Brick Co.Massachusetts Supreme Judicial Court · 1893
- Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
- Dobbin v. CordinerSupreme Court of Minnesota · 1889
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