O'Brien v. Ball
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, § 5, to recover possession of a house on Kirkland Street in Boston, alleged to be held by the defendant unlawfully and against the right of the plaintiff.
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Action on the Gen. Sts. c. 137, § 5, to recover possession of a house on Kirkland Street in Boston, alleged to be held by the defendant unlawfully and against the right of the plaintiff. Writ dated May 23,1872. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on an agreed statement of facts in substance as follows : On April 1, 1869, the plaintiff executed to the defendant a written lease of the said premises for a term of five years. The defendant entered into possession under the lease, and has coutinaed in possession up to the…
1Opinion of the CourtDevens, J.
The defendant entered upon and occupied the
premises, possession of which is sought by this proceeding, by virtue of a lease from the plaintiff which was for the term of five years. During this term the city of Boston, acting by authority of the St. of 1868, c. 277, for the purpose of making certain im*30provements of a public character, took the estate in accordance with the provisions of that statute, and the title thereof was then vested in the city, that of the plaintiff being divested. Dingley v. Boston, 100 Mass. 544. The plaintiff brings this proceeding for tbe possession of the premises,…
2Cases cited2 opinions
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Corrigan v. City of ChicagoIllinois Supreme Court · 1893
- Mayor of Baltimore v. LatrobeCourt of Appeals of Maryland · 1905
- Goodyear Shoe Machinery Co. v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1900
- Lowell Housing Authority v. Save-Mor Furniture Stores, Inc.Massachusetts Supreme Judicial Court · 1963
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