Aiken v. Sanford
Massachusetts Supreme Judicial Court
Debt on bond in the penal sum of 2000 dollars, dated June 11, 1805. On oyer prayed by the defendant, the bond appeared to be on condition that if, on the plaintiff’s paying to the defendant the amount of two certain notes of hand of the same date with the bond, each for the sum of 700 dollars, with interest, the defendant should sell and convey to the plaintiff and his heirs and assigns, by a good and sufficient deed of warranty, one hundred acres of land, being part of lot…
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Debt on bond in the penal sum of 2000 dollars, dated June 11, 1805. On oyer prayed by the defendant, the bond appeared to be on condition that if, on the plaintiff’s paying to the defendant the amount of two certain notes of hand of the same date with the bond, each for the sum of 700 dollars, with interest, the defendant should sell and convey to the plaintiff and his heirs and assigns, by a good and sufficient deed of warranty, one hundred acres of land, being part of lot No. 108, situate in Augusta, on the fifth mile west of Kennebeck river, bounded, beginning at the south-west corner of…
1Opinion of the Court
The action was continued nisi for advisement, and the opinion of the Court delivered the next week, at Plymouth, by
Parsons, C. J.
By the condition of the bond declared on in this action, the defendant was obliged to tender to the plaintiff the deed therein described, within a reasonable time after the notes were paid, in order to save the penalty. It appears from the plaintiffs replication, that the notes were paid on the 7th of June, 1806, and from the plea in bar that the defendant tendered the deed on the 9th of September following. But the plaintiff admits in his replication a tender of a…
2Cited by14 opinions
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- Lawrence v. DoleSupreme Court of Vermont · 1839
- Linton v. AllenMassachusetts Supreme Judicial Court · 1888
- Block v. Citizen Trust & Savings BankCalifornia Court of Appeal · 1922
- Thompson v. HawleyOregon Supreme Court · 1886
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