Blackie v. Hudson
Massachusetts Supreme Judicial Court
Contract on a covenant against incumbrances in a deed from the defendant to the plaintiff of land in Boston. The case was submitted to the Superior Court, and to this court on appeal, upon the following agreed facts : The defendant on January 24, 1870, conveyed to the plaintiff' a parcel of real estate situated on the westerly side of Hanover Street, in Boston, by a warranty deed, containing the covenant that the land was free from all incumbrances.
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Contract on a covenant against incumbrances in a deed from the defendant to the plaintiff of land in Boston. The case was submitted to the Superior Court, and to this court on appeal, upon the following agreed facts : The defendant on January 24, 1870, conveyed to the plaintiff' a parcel of real estate situated on the westerly side of Hanover Street, in Boston, by a warranty deed, containing the covenant that the land was free from all incumbrances. The board of aldermen of the city of Boston, by a resolve and order approved October 15, 1869, widened Hanover Street on its easterly side,…
1Opinion of the CourtColt, J.
The widening of Hanover Street was under the St. of 1866, c. 174, as amended by the St. of 1868, o. 276, which was the betterment law then in force in Boston. This appears from the notice given by the board of aldermen of their intention to widen the same, and to assess a portion of the expense upon the estates benefited, followed by the order for the same and finally by an assessment for betterments. Jones v. Aldermen of Boston, 104 Mass. 461, 464. The notice was served personally upon owners or their tenants, or agents, when any part of the land was taken, and upon all others whose estates…
2Cases cited2 opinions
- Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Cochran v. GuildMassachusetts Supreme Judicial Court · 1870
3Cited by25 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Tuskegee Land & Security Co. v. Birmingham Realty Co.Supreme Court of Alabama · 1909
- Green v. TidballWashington Supreme Court · 1901
- Silverblatt v. LivadasMassachusetts Supreme Judicial Court · 1960
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