O'Connell v. First Parish in Malden
Massachusetts Supreme Judicial Court
Contract for an alleged breach of the covenant against incumbrances contained in a deed from the defendant to the plaintiff dated July 23, 1908, conveying a certain parcel of land with the buildings thereon on the corner of Centre Street and Main Street in Malden, alleging that the premises at the time of the conveyance were not free from incumbrances but were subject to a liability for sewer assessments imposed by the city of Malden by valid orders of the proper officials…
Read the full summary
Contract for an alleged breach of the covenant against incumbrances contained in a deed from the defendant to the plaintiff dated July 23, 1908, conveying a certain parcel of land with the buildings thereon on the corner of Centre Street and Main Street in Malden, alleging that the premises at the time of the conveyance were not free from incumbrances but were subject to a liability for sewer assessments imposed by the city of Malden by valid orders of the proper officials of that city passed on or about May 29, 1893, for the construction of a sewer in Main Street, and on or about April…
1Opinion of the CourtBraley, J.
By the St. of 1890, c. 188, the city of Malden was authorized to provide, build, maintain and operate a system for the disposal of sewage. The city council acting under the statute having adopted a valid order for their construction, a sewer was built in each of the streets on which the estate now owned by the petitioner abutted. It does not appear in the agreed statement of facts on which the case is submitted, that under § 3 the city council passed any ordinance fixing either the annual rates or a sum “in lieu of said annual rates,” or under the St. of 1895, c. 443, established any general…
2Cases cited8 opinions
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Bailey v. Agawam National BankMassachusetts Supreme Judicial Court · 1906
- Hall v. Street CommissionersMassachusetts Supreme Judicial Court · 1901
- Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- John Hancock Mut. Life Ins. Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Missouri State Life Ins. Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Fred T. Ley & Co. v. SagalynMassachusetts Supreme Judicial Court · 1939
- Sayles v. Board of Public WorksMassachusetts Supreme Judicial Court · 1915
- Driscoll v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1911
5 more not listed; retrieve them via the Exa API.