White v. Foster
Massachusetts Supreme Judicial Court
Writ of entry against Foster and Sidney W. Benjamin, to i.cover land in Winchendon. Writ dated December 4, 1867. Plea, nul disseisin, with a specification disclaiming any title in the premises other than the right to enter and to cut down and remove the trees growing thereon.
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Writ of entry against Foster and Sidney W. Benjamin, to i.cover land in Winchendon. Writ dated December 4, 1867. Plea, nul disseisin, with a specification disclaiming any title in the premises other than the right to enter and to cut down and remove the trees growing thereon. At.the trial in this court, before Ames, J., it appeared that, by a deed dated May 17, 1865, Reuben Harris, who was then the owner of the land, granted, bargained and sold to the tenants, in consideration of $2050 to him paid, “a certain lot of timber on a certain lot of land ” described by metes and bounds, and being…
1Opinion of the CourtColt, J.
By the deed of May 17, 1865, the demandant’s grantor conveyed to the tenants all the standing timber on the demanded premises, with a proviso that it should be removed within three years. He afterwards mortgaged the land by a deed containing a reservation of all the trees growing on the same, describing them as having been sold to the tenants, and then conveyed it, July 1, 1867, to the demandant, with full covenants of warranty, excepting only the said mortgage. We are. to take it as proved, in accordance with the tenants’ offer of evidence, that the demandant, when he took his deed, had…
2Cases cited2 opinions
- White v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1850
- Delaney v. RootMassachusetts Supreme Judicial Court · 1868
3Cited by47 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Lodwick Lumber Co. v. TaylorTexas Supreme Court · 1906
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Killam v. MarchMassachusetts Supreme Judicial Court · 1944
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