Howe v. Johnson
Massachusetts Supreme Judicial Court
Tort for damages resulting from alleged misrepresentations by the defendant, to the effect that land on High Street and Water Street in Clinton, conveyed by her to the plaintiff in 1913, was free from incumbrances, whereas, the plaintiff alleged, it was subject to an easement, created by the location of the Agricultural Branch Railroad in 1867 and still existing for the benefit of that corporation’s successor, the Old Colony Railroad, whose lessee was the New York, New…
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Tort for damages resulting from alleged misrepresentations by the defendant, to the effect that land on High Street and Water Street in Clinton, conveyed by her to the plaintiff in 1913, was free from incumbrances, whereas, the plaintiff alleged, it was subject to an easement, created by the location of the Agricultural Branch Railroad in 1867 and still existing for the benefit of that corporation’s successor, the Old Colony Railroad, whose lessee was the New York, New Haven, and Hartford Railroad Company. Writ dated March 25, 1915. In the Superior Court, the action was heard by Aiken, C. J.,…
1Opinion of the CourtCarroll, J.
The defendant by warranty deed conveyed a tract of land in Clinton to the plaintiff. The description included a quadrilateral area at the northwest corner which was subject to an easement created by the location of the Agricultural Branch Railroad filed in 1867. The action is in tort, the plaintiff contending that he believed he was acquiring a good title to the entire tract, free from any incumbrance, and was induced to make the purchase by reason of the false representations of fact made by the authority of the defendant. In the Superior Court it was found that the plaintiff could recover…
2Cases cited9 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Bates v. CashmanMassachusetts Supreme Judicial Court · 1918
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
- Kerr v. ShurtleffMassachusetts Supreme Judicial Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Atlantic Transportation Co. v. Alexander Shipping Co.Massachusetts Supreme Judicial Court · 1927
- Fennell v. WyzikMassachusetts Appeals Court · 1981
- Stevens v. MulcahyMassachusetts Supreme Judicial Court · 1927
- Cohen v. BlankSupreme Court of Pennsylvania · 1986
3 more not listed; retrieve them via the Exa API.