Bennett v. Ryan

Massachusetts Supreme Judicial Court

Bennett v. Ryan

75 Mass. 204

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1857

StatusPublished

This text of 75 Mass. 204 (Bennett v. Ryan) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Ryan, 75 Mass. 204 (Mass. 1857).

Pincite

Opinion

Shaw, C. J.

The note in suit was given in consideration for the deed actually given and accepted by the grantee. The attempt now is to show by paroi .evidence that the agreement was to convey more land than the deed conveyed, which is repugnant to the deed, and inadmissible. If there was a fraudulent misrepresentation, that his land was more than it really was and embraced the whole surface on which a certain building stood, which representation was wilfully false, and the defendant acted upon it to his damage, a separate action will lie. Brown v. Castles, 11 Cush. 349, and cases there cited.

Exceptions overruled.

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Shaw, C. J.

The note in suit was given in consideration for the deed actually given and accepted by the grantee. The attempt now is to show by paroi .evidence that the agreement was to convey more land than the deed conveyed, which is repugnant to the deed, and inadmissible. If there was a fraudulent misrepresentation, that his land was more than it really was and embraced the whole surface on which a certain building stood, which representation was wilfully false, and the defendant acted upon it to his damage, a separate action will lie. Brown v. Castles, 11 Cush. 349, and cases there cited.

Exceptions overruled.

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Bluebook (online)

75 Mass. 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-ryan-mass-1857.