Stockbridge Iron Co. v. Hudson Iron Co.
Massachusetts Supreme Judicial Court
The eikst suit was a bill in equity filed December 5, 1868, by the Stockbridge Iron Company, a corporation chartered by this Commonwealth, alleging that on July 20, 1849, said company was seised and possessed of a tract of land containing beds of iron ore, in West Stockbridge, and on that day conveyed it to the Hudson Iron Company, a corporation established under the laws of New York, its successors and assigns, by a deed containing the following clause : “ And further…
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The eikst suit was a bill in equity filed December 5, 1868, by the Stockbridge Iron Company, a corporation chartered by this Commonwealth, alleging that on July 20, 1849, said company was seised and possessed of a tract of land containing beds of iron ore, in West Stockbridge, and on that day conveyed it to the Hudson Iron Company, a corporation established under the laws of New York, its successors and assigns, by a deed containing the following clause : “ And further reserving to the Stock-bridge Iron Company the right of mining on the above granted premises, for the use of said company, an…
1Opinion of the CourtWells, J.
The verdict upon the first issue defeats the position of the plaintiff in the cross bill, so far as it rests upon the ground of an omission to insert in the deed any clause or provision agreed upon or intended to be inserted. The only question now before us, relating to that issue, is of the correctness of the instruction to the jury, “ that the ordinary rule of evidence in civil actions, that a fact must be proved by a preponderance of evidence, did not apply to such a case as this ; that the proof that both parties intended to have the precise agreement between *317them inserted in the deed,…
2Cases cited4 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Thompson v. GregoryNew York Supreme Court · 1809
3Cited by83 opinions
- Stone v. Essex County Newspapers, Inc.Massachusetts Supreme Judicial Court · 1975
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Philippine Sugar Estates Development Co. v. Government of the Philippine IslandsSupreme Court of the United States · 1918
- Superintendent of Worcester State Hospital v. HagbergMassachusetts Supreme Judicial Court · 1978
- Covich v. ChambersMassachusetts Appeals Court · 1979
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