Joy v. Boston Penny Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover one half the cost of a division wall used by the defendant. In the Superior Court the following facts were agreed : “ The plaintiff is the owner of the estate on Washington Street, in Boston, described in the deed of Amos A. Lawrence to him, dated April 11, 1866, and recorded with Suffolk deeds, lib. 875, folio 187. Lawrence derived his title to said estate from Gideon Currier, by deed, dated August 13, 1864, and recorded with Suffolk deeds, lib. 847,…
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Contract to recover one half the cost of a division wall used by the defendant. In the Superior Court the following facts were agreed : “ The plaintiff is the owner of the estate on Washington Street, in Boston, described in the deed of Amos A. Lawrence to him, dated April 11, 1866, and recorded with Suffolk deeds, lib. 875, folio 187. Lawrence derived his title to said estate from Gideon Currier, by deed, dated August 13, 1864, and recorded with Suffolk deeds, lib. 847, folio 63. The defendant corporation is the owner of the adjoining estate, which is described in the deed of Job A. Turner…
1Opinion of the CourtWells, J.
By his contract with Johnson, and subsequent erection of a wall upon the division line, Currier acquired no interest in the adjoining land, and retained no title in that part of the wall which extended beyond his own line. He could not hold it as realty, because he had nothing but a simple contract, which could have no greater force in law than as a license ; nor as personalty, because, by the terms of the agreement under which he built the wall, it was not removable, but intended to become permanent and annexed to each lot as real property. The plaintiff, therefore, by acquiring Currier’s…
2Cases cited1 opinion
- Standish v. LawrenceMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Gibson v. HoldenIllinois Supreme Court · 1885
- Adams v. NobleMichigan Supreme Court · 1899
- Allen v. EvansMassachusetts Supreme Judicial Court · 1894
- Jebeles & Colias Conf. Co. v. BrownSupreme Court of Alabama · 1906
- Sebald v. MulhollandThe Superior Court of the City of New York and Buffalo · 1893
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