Lincoln v. Burrage
Massachusetts Supreme Judicial Court
Appeal from a decree of the Superior Court sustaining the defendant’s demurrer to the declaration. Writ dated July 6, 1899. The declaration alleged that the plaintiffs, as executors of the will of Frank N. Thayer, deceased, by virtue of the powers conferred upon them under said will, conveyed to Franklin T. Rose by deed dated November 9,1883, a certain parcel of land in Boston on the corner of Commonwealth Avenue and Hereford Street, bounded westerly on land conveyed by said…
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Appeal from a decree of the Superior Court sustaining the defendant’s demurrer to the declaration. Writ dated July 6, 1899. The declaration alleged that the plaintiffs, as executors of the will of Frank N. Thayer, deceased, by virtue of the powers conferred upon them under said will, conveyed to Franklin T. Rose by deed dated November 9,1883, a certain parcel of land in Boston on the corner of Commonwealth Avenue and Hereford Street, bounded westerly on land conveyed by said executors to Richard C. Flower, through the middle of the brick party wall; “ that in said deed it was provided as…
1Opinion of the CourtHolmes, C. J.
The acceptance by Rose of the conveyance to him implied a promise by him to pay for the party wall at the time of use. Although not a covenant, under our decisions such a promise might be held, in equity if not at law, to follow the analogy of covenants running with the land in a case to which that analogy would apply. Whittenton Manuf. Co. v. Staples, 164 Mass. 319. But it is most unusual to see á covenant under which the rights are held in gross and the burdens go with the land. We suspect that it would be hard to find in the books another case like Middlefield v. Church Mills Knitting Co.…
2Cases cited10 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
- King v. WightMassachusetts Supreme Judicial Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Everett Factories & Terminal Corp. v. Oldetyme Distillers Corp.Massachusetts Supreme Judicial Court · 1938
- Boston & Maine Railroad v. Construction MacHinery Corp.Massachusetts Supreme Judicial Court · 1963
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