Smith v. Abington Savings Bank
Massachusetts Supreme Judicial Court
Contract, upon a covenant against encumbrances in a deed conveying land in the town of Revere. The declaration alleged that, on July 7, 1893, the defendant executed and delivered to the plaintiff a deed wherein it covenanted that the premises described therein were “free from all encumbrances made or suffered by it except the taxes assessed for the year 1893,” and that the plaintiff, relying on the covenant, received the deed and paid the consideration therefor ; that the…
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Contract, upon a covenant against encumbrances in a deed conveying land in the town of Revere. The declaration alleged that, on July 7, 1893, the defendant executed and delivered to the plaintiff a deed wherein it covenanted that the premises described therein were “free from all encumbrances made or suffered by it except the taxes assessed for the year 1893,” and that the plaintiff, relying on the covenant, received the deed and paid the consideration therefor ; that the premises were not free from all encumbrances, but were subject to an assessment for the construction of a sewer authorized…
1Opinion of the CourtHolmes, J.
This is an action upon the covenant against encumbrances in a deed conveying land in the town of Revere. The encumbrance relied on is an assessment for the construction of a sewer, voted by the town of Revere on September 23, 1893. The deed was dated July 7, 1893, and the covenant declared on excepted “ the taxes assessed for the year 1893.” It already has been decided that the encumbrance alleged is not within the exception. Smith v. Abington Savings Bank, 165 Mass. 285. The case now has been tried, and the plaintiff has had a verdict, subject to exceptions taken by the defendant, which are…
2Cases cited7 opinions
- Bennett v. City of New BedfordMassachusetts Supreme Judicial Court · 1872
- Inhabitants of Leominster v. ConantMassachusetts Supreme Judicial Court · 1885
- Coburn v. LitchfieldMassachusetts Supreme Judicial Court · 1882
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
- Sheehan v. City of FitchburgMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Guild v. SampsonMassachusetts Supreme Judicial Court · 1919
- Trustees of Thayer Academy v. Corporation of the Royal Exchange Assurance of LondonMassachusetts Supreme Judicial Court · 1932
- Maloy v. HollMassachusetts Supreme Judicial Court · 1906
- Mayo v. Inhabitants of West SpringfieldMassachusetts Supreme Judicial Court · 1927