Johnson v. Whiton case brief summary
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34 N.E.
542
CASE SYNOPSIS: Plaintiff appealed the
decision of the Superior Court (Massachusetts) which ruled in favor
of defendant in action to recover a deposit in connection with the
purchase of real estate.
FACTS: Plaintiff paid a deposit to purchase land from defendant's grandchildren. A deed was executed and conveyed to plaintiff, but plaintiff refused on the ground that one of the grandchildren could not convey a fee simple absolute because her conveyance of the land from defendant also included her relatives on her father's side.
ISSUE: Can a landowner convey land to an individual and his/her “heirs on his/her father’s side?”
HOLDING:
The lower court ruled in favor of defendant and the court affirmed on appeal because the court determined that the clause did not prevent conveyance of an unqualified fee because it would be contrary to public policy.
CONCLUSION: Where the denial of the passing of legal title would have violated public policy, the court ruled that legal title could pass to plaintiff and it denied the refund of plaintiff's deposit; the judgment of the lower court was affirmed.
FACTS: Plaintiff paid a deposit to purchase land from defendant's grandchildren. A deed was executed and conveyed to plaintiff, but plaintiff refused on the ground that one of the grandchildren could not convey a fee simple absolute because her conveyance of the land from defendant also included her relatives on her father's side.
ISSUE: Can a landowner convey land to an individual and his/her “heirs on his/her father’s side?”
HOLDING:
The lower court ruled in favor of defendant and the court affirmed on appeal because the court determined that the clause did not prevent conveyance of an unqualified fee because it would be contrary to public policy.
CONCLUSION: Where the denial of the passing of legal title would have violated public policy, the court ruled that legal title could pass to plaintiff and it denied the refund of plaintiff's deposit; the judgment of the lower court was affirmed.
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