Keening v. Ayling
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of an agreement in writing, dated August 21, 1878, whereby the defendant agreed to sell and the plaintiff to purchase a parcel of land in Boston for the sum of $9000; the land to be conveyed within ten days from date “by a good and sufficient warranty deed, conveying a good and clear title to the same, free from all incumbrances.”
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Bill in equity for the specific performance of an agreement in writing, dated August 21, 1878, whereby the defendant agreed to sell and the plaintiff to purchase a parcel of land in Boston for the sum of $9000; the land to be conveyed within ten days from date “by a good and sufficient warranty deed, conveying a good and clear title to the same, free from all incumbrances.” Hearing before Ames, J., who reported the case for the determination of the full court, as follows : In 1862, the city of Boston conveyed the land in question to Mary Ann Carter, by a deed which described the land as…
1Opinion of the CourtGray, C. J.
The deed itself shows that the front of the lot is on Newton Street, and the rear on the passageway at the opposite end of the lot, and that buildings conforming to the conditions of the deed were already standing on the land; and there is nothing in the report before us to show that, as applied to the facts of this case, there is any ambiguity as to what proportion is to be deemed “the rear of the said lot,” upon which the fourth condition requires that “no dwelling-house or other building, except the necessary out-buildings, shall be erected or placed.”
We can have no doubt that the words…
2Cited by8 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- American Unitarian Ass'n v. MinotMassachusetts Supreme Judicial Court · 1904
- Ayling v. KramerMassachusetts Supreme Judicial Court · 1882
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