Tuite v. Stevens
Massachusetts Supreme Judicial Court
Replevin of a large number of articles of machinery and other property, appraised at a total value of ten thousand one hundred and thirty-five dollars and fifty cents.
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Replevin of a large number of articles of machinery and other property, appraised at a total value of ten thousand one hundred and thirty-five dollars and fifty cents. At the trial in the superior court, before Russell, J., the plaintiff claimed title under a deed dated September 1,1865, and in this form: “ Know all men by these presents that I, Richard W. Pratt, assignee of the estate of Daily & Worthen, insolvent debtors, for and in consideration of the sum of one thousand five hundred and ten dollars to me in hand paid by Peter C. Tuite of Boston, the receipt whereof I hereby acknowledge,…
1Opinion of the CourtWells, J.
The first question to be determined is, whether the bill of sale to the plaintiff, from Pratt, the assignee of Daily & Worthen, conveyed to him the whole property that was upon the premises, No. 143 Federal Street, or only so much of it as was in fact subject to the mortgages to Stevens. The body oí the instrument is ambiguous, capable of either construction. But the final clause, which declares the intent of the parties clearly makes it apply to the whole property in said premises. It is the duty of the court to give it that construction which *307appears upon the whole instrument to have been…
2Cited by22 opinions
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Jacobs v. MillerMichigan Supreme Court · 1883
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
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