Hassam v. Barrett
Decision Date | 20 June 1874 |
Citation | 115 Mass. 256 |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Parties | Frederick F. Hassam v. Adeline Barrett & others |
September 9, 1873;
Suffolk. Bill in equity against the administrators and the heirs of George Barrett, deceased, to compel the reconveyance of a certain parcel of real estate, conveyed by the plaintiff to said Barrett by a deed absolute in form, but which the bill alleged was agreed between the parties to be security for a debt which the plaintiff owed Barrett. The bill did not allege that the agreement to that effect was in writing; the plaintiff offered to pay such sum as should be found due to the defendants.
The defendants demurred to the bill assigning for grounds of demurrer, that the agreement set forth, being in regard to an interest in lands, and not to be performed within one year from the making thereof, was not expressed to be in writing.
Bill dismissed, with costs.
S. J Thomas, for the defendants.
B. E Perry & S.W. Creech, for the plaintiff.
OPINION
The defendants having pet in an answer, the case was heard before Morton, J., who reserved it for the consideration of the full court on the following report:
B E. Perry ...
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