Merritt v. Morse
Massachusetts Supreme Judicial Court
Contract, brought February 12, 1868, for breach of covenants of warranty and defence of title, and against incumbrances, in a deed dated April 28, 1863, in which the defendant, for the consideration of $840, granted, bargained, sold and conveyed to the plaintiff “ a certain water privilege, lot of laud and buildings thereon, situate in Easton, in the county of Bristol, on the northerly side of the road leading from the Methodist meeting-house in Easton to the Taunton and…
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Contract, brought February 12, 1868, for breach of covenants of warranty and defence of title, and against incumbrances, in a deed dated April 28, 1863, in which the defendant, for the consideration of $840, granted, bargained, sold and conveyed to the plaintiff “ a certain water privilege, lot of laud and buildings thereon, situate in Easton, in the county of Bristol, on the northerly side of the road leading from the Methodist meeting-house in Easton to the Taunton and South Boston turnpike, so called, in North Bridgewater, and was formerly owned and occupied for a forge by Eliphalet…
1Opinion of the CourtAmes, J.
In order to maintain his action, it was necessary for the plaintiff to show that he had been evicted by a superior title from the estate described in his deed, or that he had yielded to such superior title, and so had been deprived, in whole or in part, of the title or advantage which that deed purported to convey. The judgments which he offered in evidence are clearly competent for that purpose.
The judgment in the complaint under the mill act is decisive upon the point that he could not under that deed make out a full title, or any title, to the land which the two dams, described in that…
2Cited by10 opinions
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
- Richstein v. WelchMassachusetts Supreme Judicial Court · 1908
- Ryerson v. ChapmanSupreme Judicial Court of Maine · 1877
- Whitcher v. McLaughlinMassachusetts Supreme Judicial Court · 1874
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