Wiggin v. Tudor
Massachusetts Supreme Judicial Court
This was an action to recover a quarter’s rent of certain real estate in Boston, called and known as Tudor’s building. On a case stated it appeared, that on the 21st of February, 1831, Tudor conveyed the same real estate to J. A. Lowell, in mortgage, to secure the repayment of $ 10,000, in three years from the 1st of January, 1832 ; and that on the 28th of February, 1832, he mortgaged the same estate to Lowell to secure the repayment of the further sum of $ 25,000, in three…
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This was an action to recover a quarter’s rent of certain real estate in Boston, called and known as Tudor’s building. On a case stated it appeared, that on the 21st of February, 1831, Tudor conveyed the same real estate to J. A. Lowell, in mortgage, to secure the repayment of $ 10,000, in three years from the 1st of January, 1832 ; and that on the 28th of February, 1832, he mortgaged the same estate to Lowell to secure the repayment of the further sum of $ 25,000, in three years from that date. On the 20th of November, 1833, Tudor conveyed the same estate to Robert Hooper junior, the agent…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. It is not stated in the facts agreed, whether the form of action is covenant or debt, nor is it perhaps very material; it is an action for a quarter’s rent, claimed to be due on a lease admitted to have been executed by both of the defendants. The question whether this rent is due, depends upon the construction of the release and agreement, set forth in the case stated. To ascertain that construction it is necessary to consider the terms of the agreement, the recitals contained in it, and the existing facts and circumstances, constituting the…
2Cited by1 opinion
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