Bates v. Inhabitants of Sharon
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the Superior Court before Braley, J., who reported the case for the consideration of this court in substance as follows.
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Contract for money had and received. Trial in the Superior Court before Braley, J., who reported the case for the consideration of this court in substance as follows. On April 23, 1894, the plaintiff made and executed to the Ella Reed Home, a charitable corporation duly established under the laws of this Commonwealth, a deed of certain land with the buildings thereon situated in Sharon, which deed just preceding the habendum clause contained this language,-—-“being the same premises conveyed to me by Samuel B. Thing, lib. 655, fol. 319, and being hereby conveyed subject to the reservations…
1Opinion of the CourtLoring, J.
By virtue of a reservation in the deed, the plaintiff had a life estate in the dwelling-house and the land belonging thereto, including at least the land under it. The provision in the reservation, that the grantor’s right of occupation should be “ free of any rent or charge for taxes or otherwise,” may have the effect of enabling her to recover from the grantee any sum which she has to pay by way of taxes or otherwise while she occupies the estate; but it does not change the nature of the interest or estate reserved to her by the deed.
The taxes on the dwelling-house and land belonging to it…
2Cases cited1 opinion
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