Lively v. Rice
Massachusetts Supreme Judicial Court
Contract to recover for breach of the covenant of warranty in a deed of land given by the defendant. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, which so far as material appear in the opinion.
1Opinion of the CourtMortoe, C. J.
On May 10, 1888, the defendant was the owner of a piece of land in Rowe, which was subject to two mortgages made by him. On that day he conveyed the land to one Sanders. The covenants in the deed are as follows: “ And I do hereby, for myself and my heirs, executors, and administrators, covenant with the grantee and his heirs and assigns, that I am lawfully seised in fee simple of the granted premises, that they are free from all incumbrances, except two mortgages, one held by Jason C. Rice of Shelburne Falls, Mass., for twelve hundred dollars, and one held by Luther Keyes of Greenfield,…
2Cases cited1 opinion
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
- Ayer v. Philadelphia & Boston Face Brick Co.Massachusetts Supreme Judicial Court · 1892
- Gerber v. BersteinMassachusetts Supreme Judicial Court · 1936
- Lawrenson v. Worcester Lunch Car & Carriage Manufacturing Co.Massachusetts Supreme Judicial Court · 1938
- Simon v. NorcrossMassachusetts Appeals Court · 1976
1 more not listed; retrieve them via the Exa API.