Saint Patrick's Religious, Educational & Charitable Ass'n v. Hale
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on December 28, 1915, and afterwards amended, seeking registration free from restrictions of the title to land at the corner of Lexington Street and Beach Street in the town of Belmont. . The respondents, the owners of adjoining land, contended that the land was subject to certain restrictions which were for the benefit of their land and the land of others.
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Petition, filed in the Land Court on December 28, 1915, and afterwards amended, seeking registration free from restrictions of the title to land at the corner of Lexington Street and Beach Street in the town of Belmont. . The respondents, the owners of adjoining land, contended that the land was subject to certain restrictions which were for the benefit of their land and the land of others. The case was heard in the Land Court by Davis, J. Material facts are stated in the opinion. The petitioner contended in the Land Court that Patrick Kelly, its predecessor in title and through whom it…
1Opinion of the CourtPierce, J.
The deed to Patrick Kelly, predecessor in title to the petitioner, in 1862 is in form a deed of warranty.' In the premises it is expressed to be the deed of the Waverley Company, a corporation. It contains covenants of seisin, of freedom from incumbrances, and of warranty. It then proceeds as follows: “In witness whereof the Treasurer of said Corporation being duly authorized therefor has hereunto set the Corporate seal and subscribed his name in attestation thereof this Eighteenth day of August in the year of our Lord Eighteen hundred and sixty two.” The instrument was not signed in the name…
2Cases cited8 opinions
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