Citation Numbers: 44 A. 595, 21 R.I. 463
Judges: MATTESON, C.J.
Filed Date: 11/1/1899
Status: Precedential
Modified Date: 1/13/2023
The complainant concedes that the quitclaim deed from her to her brother Prescott Hall D'Wolf, though invalid as a conveyance, amounted to an agreement by the complainant to convey to him whatever estate in the land she acquired on the death of her mother, or, in other words, as an executory agreement to convey the land when she should be in a position to do so. And she further concedes that the mortgage from Prescott Hall D'Wolf to the respondent, though inoperative at law as a conveyance, also amounted in equity to an agreement by Prescott to mortgage the land to the respondent whenever he should acquire it. And she still further concedes that if Prescott had survived his mother he could have enforced the agreement against the complainant, and the respondent could have required him to enforce it for her benefit. She contends, however, that his death before either he or the complainant acquired any vested interest in the property deprived the respondent of the power of enforcing the agreement; since there is, she maintains, no *Page 464 privity of either estate or contract between the respondent and herself.
These arguments were pressed on our attention at the original hearing, but we did not then, nor do we now, deem them availing. In Bailey v. Hoppin,
Motion for re-argument denied and dismissed.