Weston v. Weston
Massachusetts Supreme Judicial Court
Contract on a recognizance, dated July 25, 1865, entered into by Gershom B. Weston as principal, and the other defendants as sureties, in accordance with the Gen. Sts. c. 137, § 9, in an action brought before a justice of the peace, on June 8, 1865, by this plaintiff, under the provisions of said chapter, against said Gershom B. Weston, to recover possession of a messuage in Duxbury, in which action judgment for possession was rendered by the justice, and on the defendant’s…
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Contract on a recognizance, dated July 25, 1865, entered into by Gershom B. Weston as principal, and the other defendants as sureties, in accordance with the Gen. Sts. c. 137, § 9, in an action brought before a justice of the peace, on June 8, 1865, by this plaintiff, under the provisions of said chapter, against said Gershom B. Weston, to recover possession of a messuage in Duxbury, in which action judgment for possession was rendered by the justice, and on the defendant’s appeal to the superior court the judgment was affirmed, and possession was given to the plaintiff on execution January…
1Opinion of the CourtMorton, J.
The parties having agreed that the auditor’s report is to be taken as an agreed statement of facts, we are to assume that all the facts found by the auditor are established. Upon these facts, four questions have been presented for the consideration of the court.
1. The auditor finds that there was a special agreement between the plaintiff and the defendant Gershom B. Weston, that *518said Gershom B. Weston should occupy the premises for the winter of 1865, and should pay rent therefor at the rate of $350 a year, payable quarterly ; and that there was no agreement between the parties as to what…
2Cited by19 opinions
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Arnold v. CrowderIllinois Supreme Court · 1876
- Zevitas v. AdamsMassachusetts Supreme Judicial Court · 1931
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
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