Harlow v. Cowdrey
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to convey land in Boston to the plaintiff “ by a good and sufficient warranty deed of the defendant and his wife, conveying a good and clear title to the same free from all incumbrances.”
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Contract for breach of an agreement to convey land in Boston to the plaintiff “ by a good and sufficient warranty deed of the defendant and his wife, conveying a good and clear title to the same free from all incumbrances.” The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon a statement of these facts : In 1889, Jabez Walcott, being the owner in fee of the land in question, conveyed it to Francis R. W. Emery and his heirs and assigns, “ in trust nevertheless to receive the rents and profits thereof for the sole and separate use of Mary B.…
1Opinion of the CourtAmes, J.
We are of opinion that the deed tendered by the defendant was not sufficient to convey a clear and unincumbered title to the estate, and therefore was not such as by the terms of his contract he was bound to give.
The effect of the deed from Jabez Walcott was to vest an equitable title to the estate in his daughter, and to place the legal title in the hands of the trustee. Ayer v. Ayer, 16 Pick. 327. Upon her decease, the equitable title descended to her daughter *184and sole heir at law, the wife of the defendant, and the deed which the defendant has tendered was sufficient to convey this…
2Cited by5 opinions
- BartlettMassachusetts Supreme Judicial Court · 1895
- Peabody v. TyszkiewiczMassachusetts Supreme Judicial Court · 1906
- Estey v. GardnerMassachusetts Supreme Judicial Court · 1935
- Harper v. AmptOhio Supreme Court · 1877
- Swift v. EmersonMassachusetts Land Court · 1901