Farnum v. Platt
Massachusetts Supreme Judicial Court
Trespass quare clausum fregit for breaking and entering several closes of the plaintiff, and carrying away marble from a quarry in one of the closes. The general issue was pleaded ; also several pleas in bar, in which a right to enter upon the closes and do the several acts complained of, is averred and claimed under title derived from a sale on execution against one Eli Garlick. At the trial, before Parker C-. J., the following evidence was produced.
Read the full summary
Trespass quare clausum fregit for breaking and entering several closes of the plaintiff, and carrying away marble from a quarry in one of the closes. The general issue was pleaded ; also several pleas in bar, in which a right to enter upon the closes and do the several acts complained of, is averred and claimed under title derived from a sale on execution against one Eli Garlick. At the trial, before Parker C-. J., the following evidence was produced. On June 24, 1820, Garlick, who was then owner of the closes described in the writ, executed an agreement with William Middlebrook, David Dell,…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The principal question in this case is upon the construction of a clause in the deed of Garlick to the plaintiff, which is in terms a reservation of the right to use a stone-quarry upon one of the lots described in the deed.
Before the execution of this deed, Garlick, then owner of the land, had leased the quarry, with the right of ingress and egress, to Middlebrook and others, for ten years then unexpired. The object of the reservation was to secure the rights of the lessees during the continuance of the lease ; and the presumption of law is,…
2Cited by5 opinions
- American Cement Plaster Co. v. Acme Cement Plaster Co.Court of Appeals of Texas · 1915
- Bradford Hotel Operating Co. v. CommissionerUnited States Tax Court · 1956
- Bradford Hotel Operating Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1957
- American Cement Plaster Co. v. Acme Cement Plaster Co.Court of Appeals of Texas · 1915
- Bradford Hotel Operating Co. v. CommissionerUnited States Tax Court · 1956