Bishop v. Burke
Massachusetts Supreme Judicial Court
Writ of entry to recover possession of certain real estate in Rowley. Writ in the Land Court, dated April 14, 1908. In the Land Court Davis, J., found for the tenant and ordered judgment accordingly. The demandant appealed to the Superior Court and three issues were framed. These issues were tried before Fox, J., who ordered the jury to answer each of the issues in the negative.
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Writ of entry to recover possession of certain real estate in Rowley. Writ in the Land Court, dated April 14, 1908. In the Land Court Davis, J., found for the tenant and ordered judgment accordingly. The demandant appealed to the Superior Court and three issues were framed. These issues were tried before Fox, J., who ordered the jury to answer each of the issues in the negative. The demandant alleged exceptions, which were in part sustained by this court in a decision reported in 207 Mass. 133. It was ordered by this court that the verdict upon the third issue should stand, but that the…
1Opinion of the CourtRugg, C. J.
Most of the questions of law raised upon this record have been disposed of adversely to the contention of the tenant by the previous decision in 207 Mass. 133. The material evidence now disclosed is not different in any substantial respect from that when the case was here before.
*233The tenant’s first request, to the effect that the only authority of Sidney H. Buttrick on December 23, 1907, the date of the deed to the tenant, was to sell after entry for breach of condition, could not have been given rightly. There was evidence from the report of the judge of the Land Court to the effect that the…
2Cases cited2 opinions
- Boisvert v. WardMassachusetts Supreme Judicial Court · 1908
- Bishop v. BurkeMassachusetts Supreme Judicial Court · 1910
3Cited by6 opinions
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1978
- Hicks v. H. B. Church Truck Service Co.Massachusetts Supreme Judicial Court · 1927
- Lembo v. Town of FraminghamMassachusetts Supreme Judicial Court · 1953
- Perivoliotis v. EvelethMassachusetts Supreme Judicial Court · 1925
- Lamson v. CoulsonMassachusetts Supreme Judicial Court · 1920
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