Lima v. Cook
Massachusetts Supreme Judicial Court
Contract for the sum of $100 in the hands of the defendant Cook collected by him as rents alleged to belong to the plaintiff under a deed of trust made by one Bridget Campbell. Writ dated August 24, 1906. The defendant Cook deposited in court the amount claimed in the declaration, and stated, under the statutes, that the money was claimed by Bridget Campbell, through her conservator, Thomas R. Burrill.
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Contract for the sum of $100 in the hands of the defendant Cook collected by him as rents alleged to belong to the plaintiff under a deed of trust made by one Bridget Campbell. Writ dated August 24, 1906. The defendant Cook deposited in court the amount claimed in the declaration, and stated, under the statutes, that the money was claimed by Bridget Campbell, through her conservator, Thomas R. Burrill. Burrill entered the appearance of Bridget Campbell as claimant and joined issue as appeared by the pleadings. In the Superior Court the case came on to be tried before White, J. The plaintiff…
1Opinion of the CourtBraley, J.
The deed in its terms being sufficient to transfer the title, and give effect to the intention of the parties, any further consideration of the form of the conveyance, although without covenants either of seisin, or of the right to convey,- or of warranty, becomes unnecessary. Hunt v. Hunt, 14 Pick. 374. Kyle v. Kavanagh, 103 Mass. 356. Sawyer v. Cook, 188 Mass. 163, 165. In limitation of the habendum, the grantor uses this language, “ in trust for myself during the term of my natural life and upon and after my death in trust for the benefit of the said grantee and her heirs and assigns…
2Cases cited7 opinions
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Kyle v. KavanaghMassachusetts Supreme Judicial Court · 1869
- Packard v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897
- Richardson v. StodderMassachusetts Supreme Judicial Court · 1868
- Underwood v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Amory v. Trustees of Amherst CollegeMassachusetts Supreme Judicial Court · 1918
- Campbell v. LimaMassachusetts Supreme Judicial Court · 1912