Daggett v. Daggett
Massachusetts Supreme Judicial Court
Writ of entry, dated December 18, 1885, by Eliza B. Daggett and Henry W. Daggett, to recover a parcel of land in Tisbury. Plea, nul disseisin. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The demandants are the heirs of Timothy Daggett, who died intestate in August, 1874. Timothy Daggett formerly owned the premises in question; and the tenant claimed title under a deed executed to him by said Timothy.
Read the full summary
Writ of entry, dated December 18, 1885, by Eliza B. Daggett and Henry W. Daggett, to recover a parcel of land in Tisbury. Plea, nul disseisin. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The demandants are the heirs of Timothy Daggett, who died intestate in August, 1874. Timothy Daggett formerly owned the premises in question; and the tenant claimed title under a deed executed to him by said Timothy. The consideration named in the deed was $800. It was dated and acknowledged on April 23, 1872, and was recorded on July 20, 1874.…
1Opinion of the CourtC. Allen, J.
1. There was evidence, sufficient to be left to the jury, to show that the deed was delivered to Eliza merely as an escrow. The consideration mentioned in the deed was $300, but the grantee named therein paid nothing, and upon all the evidence the jury might think that the deed was not to be *520delivered to the grantee until he should marry Eliza, or make a bargain with somebody for the sale of the land, and pay to her the -$300 mentioned as the consideration. We cannot say that the necessary construction of her testimony implied that the deed was to take effect at once, as the present deed of…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Russell v. PlaceSupreme Court of the United States · 1877
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Powers v. RudeSupreme Court of Oklahoma · 1904
- Fabrizio v. U. S. Susuki Motor Corp.Massachusetts Supreme Judicial Court · 1972
- Pomeroy v. Ætna InsuranceSupreme Court of Kansas · 1912
- Saragan v. BousquetMassachusetts Supreme Judicial Court · 1947
- Browne v. FairhallMassachusetts Supreme Judicial Court · 1913
15 more not listed; retrieve them via the Exa API.