Stockwell v. Couillard
Massachusetts Supreme Judicial Court
Contract for breach of the covenant of seisin contained in a deed of land from the defendant to the plaintiff. Trial in the Superior Court, without a jury, before Dewey, J., who found for the plaintiff; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
The defendant in his deed to the plaintiff, dated in June 1873, describes a parcel of land by metes and bounds, about fourteen hundred feet in length, and in width about four hundred feet at the northern end and about one hundred feet at the southern end, lying between a highway and the Deerfield River. Following the description is this clause, “reserving all the right A. Bowen, or his heirs or assigns, may have to fasten a dam across said river and to said premises, and all rights said Bowen has in the same.” The construction to be given to this clause is the principal question presented in…
2Cases cited4 opinions
- Munn v. . WorrallNew York Court of Appeals · 1873
- Crosby v. MontgomerySupreme Court of Vermont · 1865
- Dolan v. TrelevanWisconsin Supreme Court · 1872
- Sawyer v. CoolidgeSupreme Court of Vermont · 1861
3Cited by27 opinions
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
- Biles v. Tacoma, Olympia & Gray's Harbor RailroadWashington Supreme Court · 1893
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Martin v. CookMichigan Supreme Court · 1894
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