Opinion · Massachusetts Supreme Judicial Court

Crawford v. Spencer

Crawford v. Spencer, 8 Mass. 418 (Massachusetts Supreme Judicial Court 1851)

Type: Opinion
Court: Massachusetts Supreme Judicial Court
Jurisdiction: Massachusetts
Date: 1851-10-15
Topic: general

Metcalf, J. Here is a plain grant to the demandant; and no fraud in the execution of it is suggested. Nor does any *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.

Citator

UpLaw has not yet analyzed Crawford v. Spencer. The absence of a flag is not a finding that it is good law.

Metcalf, J.

Here is a plain grant to the demandant; and no fraud in the execution of it is suggested. Nor does any *420 extrinsic 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.