Crawford v. Spencer

Massachusetts Supreme Judicial Court

Crawford v. Spencer

8 Mass. 418

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1851

StatusPublished

This text of 8 Mass. 418 (Crawford v. Spencer) 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

Crawford v. Spencer, 8 Mass. 418 (Mass. 1851).

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Opinion

Metcalf, J.

Here is a plain grant to the demandant; and no fraud in the execution of it is suggested. Nor does any [420]*420extrinsic fact raise a latent ambiguity as to the true grantee, so as to admit explanatory parol evidence. The testimony which was offered would have merely shown a mistake, which the court has no authority, in any way, to correct. The demanded premises passed to the demandant, by force of the deed; and evidence to contradict the deed, or to control its effect, was rightly rejected. See 12 Johns. 77, 488.

Judgment on the verdict.

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Metcalf, J.

Here is a plain grant to the demandant; and no fraud in the execution of it is suggested. Nor does any [420]*420extrinsic fact raise a latent ambiguity as to the true grantee, so as to admit explanatory parol evidence. The testimony which was offered would have merely shown a mistake, which the court has no authority, in any way, to correct. The demanded premises passed to the demandant, by force of the deed; and evidence to contradict the deed, or to control its effect, was rightly rejected. See 12 Johns. 77, 488.

Judgment on the verdict.

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Bluebook (online)

8 Mass. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-spencer-mass-1851.

Opinion

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