Oesting v. City of New Bedford
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 11, 1910, seeking to enjoin the defendant “from claiming title to” certain buildings upon land conveyed by the plaintiff to the defendant by a deed containing the stipulation hereinafter set out, “and from injuring and destroying the same and from.hindering, opposing, or obstructing the plaintiff from removing or moving or continuing to remove the said buildings from the defendant’s land.”
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Bill in equity, filed in the Superior Court on October 11, 1910, seeking to enjoin the defendant “from claiming title to” certain buildings upon land conveyed by the plaintiff to the defendant by a deed containing the stipulation hereinafter set out, “and from injuring and destroying the same and from.hindering, opposing, or obstructing the plaintiff from removing or moving or continuing to remove the said buildings from the defendant’s land.” The case was heard by King, J. It appeared that by a deed acknowledged on February 28 and recorded on March 2,1910, the plaintiff conveyed to the…
1Opinion of the CourtBraley, J.
The plaintiff’s title to the buildings rests upon the construction of the deed under which the city acquired the freehold. Noble v. Bosworth, 19 Pick. 314. Miller v. Washburn, 117 Mass. 371. By the unambiguous language of the grant “ certain lots or parcels of land ” are conveyed, and under the terms of this description the estate included the buildings. First Parish in Sudbury v. Jones, 8 Cush. 184, 189. If the subsequent clause immediately preceding the habendum, “ all buildings to be removed from these premises on or before July 1st next by the grantor or his assigns,” leaves no doubt of…
2Cases cited15 opinions
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Mactier v. OsbornMassachusetts Supreme Judicial Court · 1888
- Wormstead v. City of LynnMassachusetts Supreme Judicial Court · 1903
- Henry v. TupperSupreme Court of Vermont · 1857
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3Cited by7 opinions
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- Smith v. WellsMassachusetts Supreme Judicial Court · 1924
- Dwelly v. RocklinSupreme Court of Rhode Island · 1926
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