Hoar v. Goulding
Massachusetts Supreme Judicial Court
Contract for breach of warranty. At the trial in the Superior Court, without a jury, before Brigham, C. J., the following facts were found: The defendants, by a warranty deed, dated June 5,1869, conveyed to the plaintiff a lot of land in Worcester, bounded and described as follows : “ Beginning one hundred feet northwest from Bloomingdale Road, thence running sixty-nine feet more or less on Ascension Street to the Boston and Albany Railroad, thence turning and running…
Read the full summary
Contract for breach of warranty. At the trial in the Superior Court, without a jury, before Brigham, C. J., the following facts were found: The defendants, by a warranty deed, dated June 5,1869, conveyed to the plaintiff a lot of land in Worcester, bounded and described as follows : “ Beginning one hundred feet northwest from Bloomingdale Road, thence running sixty-nine feet more or less on Ascension Street to the Boston and Albany Railroad, thence turning and running northeast forty-eight feet six inches on the Boston and Albany Railroad; thence turning and running in an easterly direction…
1Opinion of the CourtGray, C. J.
The question whether the railroad, mentioned as a boundary in the deed sued on, was the strip of land owned by the railroad corporation, according to the original location and the apparent occupation, or according to the present legal title, was a latent ambiguity, requiring extrinsic evidence to apply it. Putnam v. Bond, 100 Mass. 58. The judgment of the Superior Court, involving a decision of that question of fact, is therefore conclusive. Backus v. Chapman, 111 Mass. 386. Sweetland v. Stetson, 115 Mass. 49. Exceptions overruled.
2Cases cited3 opinions
- Backus v. ChapmanMassachusetts Supreme Judicial Court · 1873
- Putnam v. BondMassachusetts Supreme Judicial Court · 1868
- Sweetland v. StetsonMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Dodd v. WittMassachusetts Supreme Judicial Court · 1885
- Ames v. McCamberMassachusetts Supreme Judicial Court · 1878
- Wilcox v. LucasMassachusetts Supreme Judicial Court · 1876
- Barrett v. MurphyMassachusetts Supreme Judicial Court · 1885
- Davis v. StoneMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.