Smith v. Abington Savings Bank
Massachusetts Supreme Judicial Court
The declaration alleged that, on July 7, 1893, the defendant executed and delivered to the plaintiff a deed wherein the defendant covenanted with the plaintiff that the premises described therein were “ free from all encumbrances made or suffered by it except the taxes assessed for the year 1893,” and that the plaintiff, relying on the covenant, received the deed and paid the agreed consideration therefor; that the premises were not free from all encumbrances, as the…
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The declaration alleged that, on July 7, 1893, the defendant executed and delivered to the plaintiff a deed wherein the defendant covenanted with the plaintiff that the premises described therein were “ free from all encumbrances made or suffered by it except the taxes assessed for the year 1893,” and that the plaintiff, relying on the covenant, received the deed and paid the agreed consideration therefor; that the premises were not free from all encumbrances, as the defendant covenanted, but were subject to an assessment for the construction of a sewer in pursuance of a vote of the town of…
1Opinion of the CourtHolmes, J.
We are of opinion that the exception of “the taxes assessed for the year 1893 ” from the covenant against encumbrances did not include an assessment for the construction of a sewer. The whole turn of the phrase indicates the common annual taxes for a particular year, and nothing else. It is not enough to show that the power to levy such an assessment falls under the general power of taxation, or that the assessment is a lien on the land, which it must be in order to constitute an encumbrance; but the question is whether the words chosen by the defendant to limit his liability for encumbrances…
2Cases cited7 opinions
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Boston Seamen's Friend Society v. Mayor of BostonMassachusetts Supreme Judicial Court · 1874
- Walker v. WhittemoreMassachusetts Supreme Judicial Court · 1873
- Codman v. JohnsonMassachusetts Supreme Judicial Court · 1870
- Blake v. BakerMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Codman v. American Piano Co.Massachusetts Supreme Judicial Court · 1918
- Knight v. ClinkscalesSupreme Court of Oklahoma · 1915
- Smith v. Abington Savings BankMassachusetts Supreme Judicial Court · 1898
- Williams v. MonkMassachusetts Supreme Judicial Court · 1901
- United Brick & Tile Co. v. AultSupreme Court of Missouri · 1938
1 more not listed; retrieve them via the Exa API.