Farley v. Thompson
Massachusetts Supreme Judicial Court
The declaration in this case was in debt, “ for that one Samuel Swett, heretofore, viz., on the 26th day of October, A. D. 1812, at Boston aforesaid, being seised in his demesne, as of fee, of and in a certain messuage and land situate in Boston aforesaid, demised the same messuage and land to the said Thompson for a certain term of years, viz., for, and during, and until the full end and term of, five years then next ensuing ; yielding and paying therefor, during the said…
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The declaration in this case was in debt, “ for that one Samuel Swett, heretofore, viz., on the 26th day of October, A. D. 1812, at Boston aforesaid, being seised in his demesne, as of fee, of and in a certain messuage and land situate in Boston aforesaid, demised the same messuage and land to the said Thompson for a certain term of years, viz., for, and during, and until the full end and term of, five years then next ensuing ; yielding and paying therefor, during the said term, the yearly rent of 660 dollars, in four equal and quarter-yearly payments of 165 dollars: by virtue of which said…
1Opinion of the CourtWilde, J.
In the argument of this cause, at a former term, it will be recollected that two objections were made to the defendant’s plea.
1. That he is estopped, by his deed, to plead the several matters in his plea.
2. And if not, that the plea is insufficient.
As to the first objection, it may suffice to remark, that there is nothing in the plea necessarily repugnant to the * covenants and stipulations contained in the deed, and, therefore, the rules of estoppel do not apply. For this plea expressly admits the demise, the amount of rent reserved, the time of payment, and, indeed, all the material…
2Cited by16 opinions
- English v. KeySupreme Court of Alabama · 1863
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Davidson v. ErnestSupreme Court of Alabama · 1845
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