Legal Opinion

Leonard v. Southworth

Massachusetts Supreme Judicial Court

Decided June 21, 1895PublishedCited by 2 opinions

Writ of entry, dated October 13, 1892, to recover a parcel of land in Stoughton. Plea, nul disseisin: The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, the nature of which appears in the opinion.

1Opinion of the CourtMorton, J.

The demandant contends that the effect of the deed given in 1885 by Albert Southworth to the tenant and Jedidiah A. Southworth was to convey in fee to the grantees as tenants in common the premises described in it, and that as he claims under Jedidiah, he is entitled to an undivided half. The question is whether this construction is correct. The deed sets forth that the grantor, “ in consideration of one dollar and other valuable considerations paid by Jedidiah A. Southworth and Louisa J. Southworth,” gives, grants, bargains, sells, and conveys unto them the premises in question, “ Reserving…

2Cases cited1 opinion

  1. Chenery v. StevensMassachusetts Supreme Judicial Court · 1867

3Cited by2 opinions

  1. Packard v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897
  2. Simonds v. SimondsMassachusetts Supreme Judicial Court · 1908

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