Standish v. Lawrence
Massachusetts Supreme Judicial Court
Contract against Abbott Lawrence, Charles H. Parker and Aaron D. Hubbard, executors of the will of T. Bigelow Lawrence. Writ dated December 19, 1870. The case was submitted to the judgment of the Superior Court on an agreed statement of facts substantially as follows: The testator and William W. Goddard, being owners of a tract of land on Beacon Street in Boston, entered into an indenture with the plaintiff, dated April 23, 1860, wherein they covenanted, “for themselves,…
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Contract against Abbott Lawrence, Charles H. Parker and Aaron D. Hubbard, executors of the will of T. Bigelow Lawrence. Writ dated December 19, 1870. The case was submitted to the judgment of the Superior Court on an agreed statement of facts substantially as follows: The testator and William W. Goddard, being owners of a tract of land on Beacon Street in Boston, entered into an indenture with the plaintiff, dated April 23, 1860, wherein they covenanted, “for themselves, their heirs, executors and administrators,” to convey to him a lot of land, part of the tract, by a warranty deed, upon…
1Opinion of the CourtWells, J.
As against Goddard and Lawrence, and their grantees with notice, their indenture with and deed to the plaintiff gave him the right to build a party-wall upon the boundary line of his land, and to own the entire wall, with right of support, until the adjoining owner should build, and use it. Thereupon such adjoining proprietor would be bound to pay one half the cost of the wall, and be entitled to become owner of the same in common with himself. Maine v. Cumston, 98 Mass. 317.
The subsequent purchaser of the adjoining land, by whom the wall was used for the purposes of building thereon, took…
2Cases cited1 opinion
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Conduitt v. RossIndiana Supreme Court · 1885
- Hawkes v. HoffmanWashington Supreme Court · 1909
- King v. WightMassachusetts Supreme Judicial Court · 1892
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Lincoln v. BurrageMassachusetts Supreme Judicial Court · 1901
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