Willis v. Hulbert
Massachusetts Supreme Judicial Court
Contract upon an account annexed to recover for the use and occupation by the defendant, from February 7,1871, to March 15, 1873, of certain premises conveyed to the plaintiff by the de* fendant December 10, 1870. At the trial in the Superior Court, before Brigham, C. J., the jury found for the plaintiff, and the defendant alleged exceptions. The nature of the case appears in the opinion.
1Opinion of the CourtMorton, J.
The plaintiff and defendant made an exchange of estates, and each executed and delivered a deed of his estate to the other. The defendant’s estate was incumbered by a mortgage, and his deed to the plaintiff contained the following provision : “ Said premises are subject to a certain mortgage heretofore given to Henry Noble for the principal sum of twenty-five hundred dollars and interest, the principal sum of twenty-five hundred dollars of which said George S. Willis assumes and is to pay, and the interest on which mortgage up to this date, and for such further time as I, the said Hulbert,…
2Cited by14 opinions
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Hall v. SolomonSupreme Court of Connecticut · 1892
- Rymer v. South Penn Oil Co.West Virginia Supreme Court · 1904
- Gordon v. Parke & Lacy Machinery Co.Washington Supreme Court · 1894
- Western Newspaper Union v. DittemoreMassachusetts Supreme Judicial Court · 1928
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