Shaw v. Appleton
Massachusetts Supreme Judicial Court
Bill in equity, filed January 20, 1893, alleging that on March 18, 1892, the defendant Appleton executed to the plaintiff a lease, for the term of two years from March 15, 1892, of a parcel of land in Brighton, containing about twelve acres, of which premises Appleton was the owner in fee; that on May 15,1892, the other defendant, the Brookline Artificial Ice Company, entered upon the plaintiff’s close and built upon it, and especially around that part of the same known as…
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Bill in equity, filed January 20, 1893, alleging that on March 18, 1892, the defendant Appleton executed to the plaintiff a lease, for the term of two years from March 15, 1892, of a parcel of land in Brighton, containing about twelve acres, of which premises Appleton was the owner in fee; that on May 15,1892, the other defendant, the Brookline Artificial Ice Company, entered upon the plaintiff’s close and built upon it, and especially around that part of the same known as the Undine Springs, erected certain structures and fences, and attempted to evict the plaintiff therefrom, and denied to…
1Opinion of the CourtBarker, J.
In support of his contention that the clause is void whereby the lessor “reserves to himself the right at any time to sell and convey any or all of the land herein deznised, and upon any such sale or conveyance so much of said lazzd as shall be so sold or conveyed shall cease to be a part of the herein demised premises,” the plaintiff uz’ges that a reservation is void which is repugnant to the words by which the estate demised is defined and limited. But, as held izi Cutler v. Tufts, 3 Pick. 272, 276, the rule invoked is a technical one, which may force a construction different from the…
2Cases cited1 opinion
- O'Connor v. DailyMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Scholl's AppealSupreme Court of Pennsylvania · 1927
- Grennan v. Murray-Miller Co.Massachusetts Supreme Judicial Court · 1923
- Gunsenhiser v. BinderMassachusetts Supreme Judicial Court · 1910
- Hancock Bank & Trust Co. v. Shell Oil Co.Massachusetts Supreme Judicial Court · 1974