Legal Opinion

Hubbard v. Hubbard

Massachusetts Supreme Judicial Court

Decided September 15, 1867PublishedCited by 16 opinions

Writ of entry. This is the same case which formerly came before this court on exceptions, as reported 12 Allen, 586. At the second trial in the superior court, which was before Wilkinson, J., the deed by the demandant to the tenant of the premises in dispute, dated March 22, 1862, was introduced in evidence, as at the former trial, containing the following condition : — “ That the grantor and his wife, Jane Hubbard, shall be allowed to reside on said homestead during their…

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Writ of entry. This is the same case which formerly came before this court on exceptions, as reported 12 Allen, 586. At the second trial in the superior court, which was before Wilkinson, J., the deed by the demandant to the tenant of the premises in dispute, dated March 22, 1862, was introduced in evidence, as at the former trial, containing the following condition : — “ That the grantor and his wife, Jane Hubbard, shall be allowed to reside on said homestead during their respective natural lives, and so long as they thus reside thereon, the grantee, his heirs and assigns, shall furnish them…

1Opinion of the CourtHoar, J.

It was held in this case, when it was before us at a previous term, that the condition in the demandant’s deed to the tenant had been broken, and that the estate was forfeited. On a new trial, the tenant relied upon a waiver of the breach and forfeiture, and we are of opinion that the rulings at the trial were right, and that the defence was maintained.

It is optional with the grantor of an estate upon condition, in case a breach of the condition occurs, whether he will avail himself of the same as a forfeiture of the estate thus granted. To *192do this requires action on his part; and if he is…

2Cases cited1 opinion

  1. President of the Lincoln & Kennebeck Bank v. DrummondMassachusetts Supreme Judicial Court · 1809

3Cited by16 opinions

  1. Richter v. RichterIndiana Supreme Court · 1887
  2. Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
  3. Markey v. SmithMassachusetts Supreme Judicial Court · 1938
  4. Rogers v. SnowMassachusetts Supreme Judicial Court · 1875
  5. East Tennessee & W. N. C. R. v. GougeCourt of Appeals of Tennessee · 1947

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