Morse v. Aldrich
Massachusetts Supreme Judicial Court
Covenant broken. The action was against Aldrich and ills wife, and Sally Cook, who were charged, in the declaration, as assigns of Stephen Cook.
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Covenant broken. The action was against Aldrich and ills wife, and Sally Cook, who were charged, in the declaration, as assigns of Stephen Cook. At the trial before the chief justice, it was proved or admitted that said Stephen Cook died intestate, seized of the land hereinafter mentioned,-and leaving five heirs at law, of whom said Aldrich’s wife and said Sally Cook were two ; that after his decease, one of his other heirs conveyed his estate in said land to said Aldrich, and the two other heirs conveyed their estate therein to said Sally Cook. The plaintiff also produced in evidence an…
1Opinion of the CourtPutnam, J.
The defendants are jointly chargeable in this action. They are also rightly charged as assigns of the covenantor, and this form of declaration would have been right, even if they had acquired their whole title to the mill-pond and dam by descent. Derisley v. Custance, 4 T. R. 75. Was the request, which was proved at the trial, so made as to authorize a suit for the neglect of the defendants to comply with it, according to the covenant declared on ?
In Griswold v. Plumb, 13 Mass. 298, it was held that where there was a joint undertaking of defendants to take the custody of, and deliver to the…
2Cases cited1 opinion
- Griswold v. PlumbMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Northern Illinois Coal Corp. v. CryderIllinois Supreme Court · 1935