Kennedy v. Owen
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the plaintiff, on July 31, 1880, was the owner in fee and occupant of a certain tract of improved land in Greenfield; that the defendant was the owner in fee and occupant of an adjoining tract of improved land; that both of these tracts of land were formerly one undivided lot, of which one Harding G. Woodard was seised in fee; that Woodard, on July 18, 1868, conveyed to one Jesse A. Coombs the defendant’s land, by a deed duly recorded…
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Contract. The declaration alleged that the plaintiff, on July 31, 1880, was the owner in fee and occupant of a certain tract of improved land in Greenfield; that the defendant was the owner in fee and occupant of an adjoining tract of improved land; that both of these tracts of land were formerly one undivided lot, of which one Harding G. Woodard was seised in fee; that Woodard, on July 18, 1868, conveyed to one Jesse A. Coombs the defendant’s land, by a deed duly recorded and containing the following condition: “ that the said Coombs, his heirs and assigns, shall make and maintain all fences…
1Opinion of the CourtC. Allen, J.
The particular question which is presented by the demurrer in this case is settled by the recent decision in Martin v. Drinan, 128 Mass. 515, where it was held that a stipulation in a deed poll, that the grantee agreed, for himself, his heirs and assigns, to keep in repair a building on adjoining land of the grantor, was not a covenant, and did not run with the land, and that an assign of the grantor could not maintain an action of contract against the grantee for a failure to perform the agreement. The .present action is in form an action of contract, and the plaintiff is a purchaser from,…
2Cases cited6 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Kellogg v. RobinsonSupreme Court of Vermont · 1834
- Ayling v. KramerMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
16 more not listed; retrieve them via the Exa API.