Wenz v. Pastene
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 14, 1910, to enjoin the defendant from ejecting the plaintiff from the premises occupied by him at 40 Ferdinand Street in Boston , under a lease made to the plaintiff by one Gunaris on April 15, 1903, for a term of ten years and one month ending on May 14, 1913, and to establish the lease, which was alleged to have been unrecorded and to have been destroyed partially by fire.
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Bill in equity, filed in the Superior Court on October 14, 1910, to enjoin the defendant from ejecting the plaintiff from the premises occupied by him at 40 Ferdinand Street in Boston , under a lease made to the plaintiff by one Gunaris on April 15, 1903, for a term of ten years and one month ending on May 14, 1913, and to establish the lease, which was alleged to have been unrecorded and to have been destroyed partially by fire. The bill alleged that on May 20, 1904, Gunaris made a mortgage of the premises containing a power of sale in case of default, that on August 24, 1910, the premises…
1Opinion of the CourtBraley, J.
The term of the plaintiff’s leasehold was for more than seven years, and the lease, not having been recorded, *362was valid only as against the lessor or his heirs and devisees, and persons having actual notice of it. R. L. c. 127, § 4. If the history of the statute is examined, the provision that actual notice must he shown, or a subsequent purchaser is not affected by an unrecorded instrument, first appears in the Rev. Sts. c. 59, § 28. But under the provisions of St. 1783,- c. 37, § 4, providing that, although effective against the grantee and his heirs, a prior deed unless recorded, should…
2Cases cited26 opinions
- Townsend v. LittleSupreme Court of the United States · 1883
- Wormley v. WormleySupreme Court of the United States · 1823
- Weaver v. . BardenNew York Court of Appeals · 1872
- Vattier v. HindeSupreme Court of the United States · 1833
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
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3Cited by20 opinions
- Killam v. MarchMassachusetts Supreme Judicial Court · 1944
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1918
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
- Rosenthal v. SchwartzMassachusetts Supreme Judicial Court · 1913
- Ratshesky v. PiscopoMassachusetts Supreme Judicial Court · 1921
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