Staples v. Dean

Decided November 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-11-15

Contract upon the covenants of seisin and right to convey in a deed of land given by the defendant and his wife to the plaintiff. The consideration named in the deed was $950. At the trial in the Superior Court, before Devens, J., the execution and delivery of the deed were proved, and it was admitted that neither of the grantors had any title or interest in the land, except the right of the female grantor to dower, the land having been the property of her former husband.

Cited by 3 later decisions — most recently April 1915

3 state decisions

Relies on Hodges v. Thayer

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-15

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Wells, J.

¶1The defendant was a stranger to the consideration agreed on between the plaintiff and Sylvester, except as ta that part of it which he received upon the subsequent execution and delivery of the deed. To the extent of what he actually received, the plaintiff doubtless might hold him liable upon hia covenant of seisin and title. But otherwise, the measure of hia *127liability would be the actual value of the land at the time of the conveyance. Smith v. Strong, 14 Pick. 128. Byrnes v. Rich, 5 Gray, 518. Hodges v. Thayer, 110 Mass. 286.

¶2The plaintiff has no ground to complain of the rulings at the trial.

¶3Exceptions overruled.