Legal Opinion

Howe v. City of Lowell

Massachusetts Supreme Judicial Court

Decided August 30, 1898PublishedCited by 18 opinions

Six writs of entry, to recover land in Lowell. The cases were.tried together in the Superior Court, without a jury, before Richardson, J., who found for the demandants in each case; and, by agreement of the parties, reported the cases for the determination of this court.

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Six writs of entry, to recover land in Lowell. The cases were.tried together in the Superior Court, without a jury, before Richardson, J., who found for the demandants in each case; and, by agreement of the parties, reported the cases for the determination of this court. The demandant or demandants in each case had conveyed by deed a lot of land to the city of Lowell, and they bring these writs to recover the land, on the ground that the city has violated the conditions in the deeds. The facts appear in the opinion, and in the notes of the reporter thereto.

1Opinion of the CourtField, C. J.

These are six writs of entry, to recover possession of six different lots of land, which are designated on the plan as lots A, B, C, D, E, and F, and each writ relates to one-lot. The plea in each case is nul disseisin, with a specification of an equitable defence by way of estoppel under St. 1883, c. 223, § 14, and a claim for an allowance for improvements under Pub. Sts. c. 173, § 19. Lot A was conveyed to the city of Lowell by deed dated January 17,1890 ; lot B, by deed dated December 20, 1889; lot C, by deed dated January 30, 1890; lot D, by deed dated December 17, 1889 ; lot E, by deed…

2Cases cited2 opinions

  1. Rose v. . HawleyNew York Court of Appeals · 1894
  2. Crane v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1883

3Cited by18 opinions

  1. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  2. Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
  3. Dyer v. SianoMassachusetts Supreme Judicial Court · 1937
  4. MacDonald v. Board of Street CommissionersMassachusetts Supreme Judicial Court · 1929
  5. Hodgins v. StateCourt of Appeals of Washington · 1973

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