Carr v. Frye

• Decision Date: 10 January 1917
• Citation: 114 N.E. 745,225 Mass. 531
• Parties: CARR v. FRYE et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

225 Mass. 531

114 N.E. 745

CARR

v.FRYE et al.

Supreme Judicial Court of Massachusetts, Middlesex.

Jan. 10, 1917.

Exceptions from Land Court, Middlesex County; Chas. T. Davis, Judge.

Petition by Joshua W. Carr against Grace L. Frye and others, for the registration of the title to certain real estate. To rulings by the court in favor of petitioner, the defendant Frye excepts. Exceptions overruled.

Wilson, Juggins & Murphy, of Boston, for petitioner.

Thos. Hillis, of Boston, for respondents.

CARROLL, J.

This is a petition to the land court for registration of the title to certain real estate in the town of Maynard, alleged to be owned by the petitioner, and claimed by Grace L. Frye (a married daughter), Alice, Leslie and Edith M. Carr, all children of the petitioner and Annie L. Carr, his wife, who died in 1910.

The petitioner formerly lived in Marlboro, occupying a dwelling house and land, the title to which was in his name. In 1896 he sold this property and purchased land on Acton street, Maynard, taking title thereto in his wife's name. In June, 1904, at the request of his wife, he sold the Acton street property and bought the land now in question, the purchase price being $2,200. In making payment for this land he used the $1,700 received from the sale of the Acton street property and $500 of his own money; and, with his son by a former wife, built the house and barn thereon. It was found that Mr. Tuttle, a surveyor and justice of the peace, at the request of the grantor, George A. Whitney, in June, 1904, made a deed of the land (the title to which is sought to be registered) to the petitioner as grantee. The deed was delivered, the petitioner placing it in his safe where it remained until 1905, when, fearing he might be liable to attachment because of some contracts he had made, he requested Mr. Tuttle to transfer the title to Mrs. Carr. Thereupon Tuttle erased from the deed the name of the petitioner as grantee and inserted in place thereof the name of his wife, Annie L. Carr; a year later the deed was recorded. The petitioner and Mrs. Carr lived on the premises until her death.

The land court ruled that while the alteration of the deed invalidated the instrument, it did not divest the petitioner of his title, and that there was no resulting trust held by him for or on behalf of his wife, Annie L. Carr.

When the deed from Whitney to the petitioner was delivered to him, the estate vested in him, and between the parties the conveyance was as effectual as if the deed had been recorded. The erasure of his name and the insertion of the name of Mrs. Carr did not divest him of his estate nor transfer it to her. It was his property and remained so, although the record title was in her name. Bacon v. Hooker, 177 Mass. 335, 58 N. E. 1078,83 Am. St. Rep. 279;Kendall v. Kendall, 12 Allen, 92;Hatch v. Hatch, 9 Mass. 307, 6 Am. Dec. 67. ‘The instruments may become invalid, so that no...