¶1His grantor having possession, the demandant took sufficient title, under bis deed, to enable him to maintain a writ of entry. But the tenant held a prior title by an absolute deed. The unsealed written agreement to reconvey did not constitute a defeasance at law. Performance of the condition of that agreement would not operate to revest the legal title in the grantor. It requires a reconveyance, and that can be enforced only in equity. Until the legal title is restored to the grantor or his assigns, the deed to the tenant gives him the better title, which must prevail at law. Cranston v. Crane, 97 Mass. 459. Exceptions overruled.
104 Mass. 406
Wilson v. Black
Massachusetts Supreme Judicial Court
Decided March 15, 1870
Massachusetts Supreme Judicial Court · decided 1870-03-15
Writ of entry to recover land in Chelsea. Plea, nul disseisin. At the trial in the superior court, Lord, J., directed a verdict for the tenant on facts which appear in the opinion and the demandant alleged exceptions.
Cited by 1 later decisions — most recently April 1904
1 state decisions
Relies on Cranston v. Crane
Good law ✅— No negative treatment on recordhow we know
Decided 1870-03-15
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