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Langton v. Marshall

Massachusetts Appellate Division, Western District
Feb 24, 1995
1995 Mass. App. Div. 22 (Mass. Dist. Ct. App. 1995)

Summary

In Langton v. Marshall, 59 Texas 296[ 59 Tex. 296], a certificate stating that the feme declared that she "fully understood the contents" of the deed was held to be an insufficient compliance with a statute requiring from the feme a declaration that "the said writing to be shown and explained to her" was her free act, and giving the form of a certificate in which compliance is stated in the words, "having the same fully explained to her."

Summary of this case from Paine v. Baker

Opinion

February 24, 1995.

Present: LoConto, P.J., Teahan Merrigan, JJ.

Damages, For alleged noncompliance with permanent injunction. Practice, Civil, Dist./Mun. Cts. R Civ. P., Rule 64 (c).

Report of court's dismissal of plaintiff's appeal. Action dismissed in the Gardner Division by Hillman, J.



This matter arises out of a civil entry in the District Court of Gardner on June 15, 1994 seeking damages on a daily and escalating basis for alleged noncompliance with a U.S. District Court permanent injunction. Prior to responsive pleadings the Court, sua sponte, dismissed the action for lack of jurisdiction.

The new Dist./Mun. Cts. Rules for Appellate Division Appeal are not applicable. They apply to cases entered as of July 1, 1994. The plaintiff has failed to comply with Dist./Mun. Cts. R. Civ. P., Rule 64 (c).

There is no report before us. We are unable to reach any issues raised.

The appeal is dismissed.


Summaries of

Langton v. Marshall

Massachusetts Appellate Division, Western District
Feb 24, 1995
1995 Mass. App. Div. 22 (Mass. Dist. Ct. App. 1995)

In Langton v. Marshall, 59 Texas 296[ 59 Tex. 296], a certificate stating that the feme declared that she "fully understood the contents" of the deed was held to be an insufficient compliance with a statute requiring from the feme a declaration that "the said writing to be shown and explained to her" was her free act, and giving the form of a certificate in which compliance is stated in the words, "having the same fully explained to her."

Summary of this case from Paine v. Baker

In Langton v. Marshall, 59 Tex. 296, it was held that merely understanding the wording of a deed was insufficient, which manifestly falls far short of a full acknowledgment by the married women that they were fully acquainted with all of the circumstances leading up to the transaction, as well as the nature of the transaction itself; the former is limited to the language of the deed; the latter clearly shows an understanding of the language, its operative effect, and of the matters leading up to and being a part of the conveyance itself.

Summary of this case from Lewis v. Houston Oil Co. of Texas
Case details for

Langton v. Marshall

Case Details

Full title:William Langton vs. John Marshall, and others

Court:Massachusetts Appellate Division, Western District

Date published: Feb 24, 1995

Citations

1995 Mass. App. Div. 22 (Mass. Dist. Ct. App. 1995)

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