Monday, April 29, 2013

Johnson v. Whiton case brief

Johnson v. Whiton case brief summary
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?”

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.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?


No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...