Massachusetts Supreme Judicial Court, 1817

Clark v. Munroe

Clark v. Munroe
Massachusetts Supreme Judicial Court · Decided September 15, 1817
14 Mass. 351
Clark v. Munroe

Cases that cite this one

36 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

Per Curiam..

In the case of Holbrook vs. Finney, (1) it was decided that a conveyance in fee, and a reconveyance by the grantee to the grantor in mortgage, being considered as parts of the same transaction, did not give to the grantee such a seisin as entitled his wife to have dower in the granted premises. In the case at bar, the mortgage was to a third party; but still the whole constituted but one transaction. We are not able to view the case in any light different from what it would have presented had the mortgage of Clark been made to Andrews and his wife instead of Winthrop. (a)

Judgment for the tenant on the verdict.

4 Mass. Rep. 566.

[Coates vs. Cheever, 1 Cowens Rep. 460 —Ed.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.