McNeil v. Ames
Massachusetts Supreme Judicial Court
Bill in equity, filed December 30,1875, against Samuel T Ames, Lucy Ann Harris, James B. Ames, Jacob Bambauer, Henry P. Bambauer, Arnold Kendall and Henry H. Barrows, alleging as follows: That Lucy Ann Harris leased to Samuel T. Ames, by two separate indentures, two lots of land in Boston, one on Summer Street and the other on Lincoln Street, each lease being dated September 24, 1866, and being for the term of twenty years from January 1,1867, at a rent of $2700 and $300,…
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Bill in equity, filed December 30,1875, against Samuel T Ames, Lucy Ann Harris, James B. Ames, Jacob Bambauer, Henry P. Bambauer, Arnold Kendall and Henry H. Barrows, alleging as follows: That Lucy Ann Harris leased to Samuel T. Ames, by two separate indentures, two lots of land in Boston, one on Summer Street and the other on Lincoln Street, each lease being dated September 24, 1866, and being for the term of twenty years from January 1,1867, at a rent of $2700 and $300, respectively, payable quarterly; that the lessee built a store on the Summer Street lot, covering that or a part of that,…
1Opinion of the CourtMorton, J.
The only ground upon which the plaintiff can maintain an action, either at law or in equity, is that at the time of the levy of the execution in favor of the Lancaster National Bank, Samuel T. Ames.held terms for years or leasehold estates in the premises in controversy, which were duly seized and sold under said execution. Assuming this to be so, the plaintiff stands in the position of an assignee in law of the terms for years, with substantially the same rights as if they had been voluntarily assigned to him by Ames. His remedy at law to enforce his rights as such assignee is plain,…
2Cases cited2 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Nickerson v. LoudMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.Massachusetts Supreme Judicial Court · 1934
- Weil v. RaymondMassachusetts Supreme Judicial Court · 1886
- Third National Bank v. Skillings, Whitneys & Barnes Lumber Co.Massachusetts Supreme Judicial Court · 1882
- McNeil v. KendallMassachusetts Supreme Judicial Court · 1880
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