Langley v. Chapin
Massachusetts Supreme Judicial Court
Writ of entry, dated May 18, 1881, to recover a parcel of land in Fall River. Plea nul disseisin. The tenant also filed a claim for improvements.
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Writ of entry, dated May 18, 1881, to recover a parcel of land in Fall River. Plea nul disseisin. The tenant also filed a claim for improvements. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions in substance as follows: The demandant put in a deed of the land in question from John Jenks and others to himself and Daniel McGowan, dated February 15, 1872, and a deed, dated September 17, 1873, from himself and McGowan to a corporation called the Corbitant Mills, by the terms of which the grantors, in consideration of one dollar, conveyed to said…
1Opinion of the CourtHolmes, J.
The first question raised by the bill of exceptions touches the construction of the clause of the deed of September 17, 1873, to the Corbitant Mills. There is no doubt that it attaches a condition to the estate conveyed. The tenant argues that it amounts only to a personal covenant with the grantors. But there is nothing in the context which warrants any other than the natural interpretation of the words used, and we must therefore assume that they mean what they seem to.
The condition was broken, and the demandant entered for the breach in 1877. The nature of the respective interests of the…
2Cases cited1 opinion
- Walsh v. WilsonMassachusetts Supreme Judicial Court · 1881
3Cited by30 opinions
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- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Adams v. OsgoodNebraska Supreme Court · 1894
- Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
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