Johnson v. Battelle
Massachusetts Supreme Judicial Court
Contract for breach of the covenants in a deed of land from the defendant to the plaintiff. The case was submitted to the Superior Court, and, after judgment for the plaintiff, in the sum of $1200, to this court, on appeal, on an agreed statement of facts in substance as follows : The deed from the defendant to the plaintiff contained the following covenants : “ And I do hereby for myself and my heirs, executors and administrators, covenant with the said grantee and his…
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Contract for breach of the covenants in a deed of land from the defendant to the plaintiff. The case was submitted to the Superior Court, and, after judgment for the plaintiff, in the sum of $1200, to this court, on appeal, on an agreed statement of facts in substance as follows : The deed from the defendant to the plaintiff contained the following covenants : “ And I do hereby for myself and my heirs, executors and administrators, covenant with the said grantee and his heirs and assigns, that I am lawfully seised in fee simple of the granted premises, that they are free from all…
1Opinion of the CourtGray, C. J.
By the will, the defendant took an estate for life, with a power to sell and convey in fee, if necessary for his support and maintenance, and the remainder over was contingent on its not becoming necessary to exercise that power. The facts agreed showing such necessity, the deed from the defendant to the plaintiff passed an absolute title. Lyon v. Marsh, 116 Mass, 232. Bamforth v. Bamforth, 123 Mass. 280. Smith v. Snow 123 Mass. 323. Gibbins v. Shepard, post, 541.
Judgment for the defendant.
2Cases cited2 opinions
- Bamforth v. BamforthMassachusetts Supreme Judicial Court · 1877
- Smith v. SnowMassachusetts Supreme Judicial Court · 1877
3Cited by22 opinions
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Dana v. DanaMassachusetts Supreme Judicial Court · 1904
- Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
- Herring v. . WilliamsSupreme Court of North Carolina · 1910
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