Sherman v. Williams
Massachusetts Supreme Judicial Court
Contract to recover damages for the violation by the defendants of their covenant for quiet enjoyment in a lease “ of a certain brick building situated in said Boston, on Milk Street, so called, opposite the Old South Church, and numbered 5, 7, and 9, on said street.” The lease was made October 1, 1868, for the term of seven years and six months from that day.
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Contract to recover damages for the violation by the defendants of their covenant for quiet enjoyment in a lease “ of a certain brick building situated in said Boston, on Milk Street, so called, opposite the Old South Church, and numbered 5, 7, and 9, on said street.” The lease was made October 1, 1868, for the term of seven years and six months from that day. At the trial in this court the plaintiff offered evidence that upon the execution of the lease he entered into occupation of the premises, and expended about $5000 in repairs, and by himself and by tenants under him continued in the use…
1Opinion of the CourtEndicott, J.
The first question to be determined on this report is, Did the lease include the strip of land ten inches wide under the eaves in the rear of the brick building ? Did it pass under the description, “ a certain brick building situated in said Boston, on Milk Street, so called, and numbered five, seven and nine, on said street ? ” The strip ten inches wide was substantially covered by the eaves of the building, and was owned by the defendants. The well settled rule that the grant of a house carries with it the title to all the land under the house which the grantor owns, extends to all the land…
2Cases cited3 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- People v. KentMichigan Supreme Court · 1843
3Cited by26 opinions
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Smith v. McEnanyMassachusetts Supreme Judicial Court · 1897
- Rome v. JohnsonMassachusetts Supreme Judicial Court · 1931
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