Batt v. Mallon
Massachusetts Supreme Judicial Court
Bill in equity, filed December 20, 1889, .for specific performance by the defendant of her agreement to purchase land. Hearing before Holmes, J., who reserved the case for the consideration of the full court, in substance as follows. The agreement in question provided that the land should be conveyed by the plaintiff to the defendant “ by a good and sufficient deed, conveying a good title, or no sale.” The title of the plaintiff was derived as follows.
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Bill in equity, filed December 20, 1889, .for specific performance by the defendant of her agreement to purchase land. Hearing before Holmes, J., who reserved the case for the consideration of the full court, in substance as follows. The agreement in question provided that the land should be conveyed by the plaintiff to the defendant “ by a good and sufficient deed, conveying a good title, or no sale.” The title of the plaintiff was derived as follows. On November 21,1860, Charles F. Bray, trustee under the will of James A. Dixon, conveyed the land in question by a deed duly recorded to…
1Opinion of the CourtDeyews, J.
The Dixon will, as it has been termed, is not before us, but it is assumed by both parties that Bray, who was the trustee thereunder, and his successor, had full right to convey in fee the premises, the title to which has been discussed in the case at bar. If the deed made by him to William H. Vincent, “ trustee for Mrs. Sarah Ellen Dexter,” and to “ his successors and assigns,” did not pass an absolute fee, but an estate for the life of Mrs. Dexter only, so that, if the title of Vincent is vested in the plaintiff, it would not be an absolute fee, yet the confirmatory release from Bray’s…
2Cases cited3 opinions
- Smith v. BurgessMassachusetts Supreme Judicial Court · 1882
- McCarty v. LearyMassachusetts Supreme Judicial Court · 1875
- Weed v. DonovanMassachusetts Supreme Judicial Court · 1873
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- Mahoney v. MahoneyMassachusetts Appeals Court · 1977
- Mahoney v. MahoneyMassachusetts Appeals Court · 1977
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