Butterfield v. Reed
Massachusetts Supreme Judicial Court
Tort, for flowing the plaintiff’s land, situated partly in Lexington and partly in Burlington, on the southerly side of the Middlesex Turnpike, so called. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence a warranty deed of the premises in question, from Cyrus Conant and Darius Conant to her, dated August 28,1883, containing a covenant that they were free from all encumbrances.
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Tort, for flowing the plaintiff’s land, situated partly in Lexington and partly in Burlington, on the southerly side of the Middlesex Turnpike, so called. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence a warranty deed of the premises in question, from Cyrus Conant and Darius Conant to her, dated August 28,1883, containing a covenant that they were free from all encumbrances. The plaintiff also introduced evidence that, upon the receipt of her deed from the Conants in 1883, she immediately took…
1Opinion of the CourtMorton, J.
The defendant justifies under his deed. The plaintiff contends that he took under it no interest in the premises described in it. But we think it is clear that he did. Mrs. Randall took under her father’s will a life estate, which she could and did convey to the defendant by the deed, and the two daughters took the remainder in fee subject to the contingency that it would go to the children of the son if they died before their mother. It is too well settled in this State to admit of question now that such an interest may be conveyed; and there can be no question that it was conveyed by the…
2Cases cited8 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Barnes v. LloydMassachusetts Supreme Judicial Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- New England Structural Co. v. Everett Distilling Co.Massachusetts Supreme Judicial Court · 1905
- New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
19 more not listed; retrieve them via the Exa API.