Thayer v. Shorey

This is an action of tort under G. L. (Ter. Ed.) c. 242, § 1. The plaintiffs claim the possession of certain premises and also damages alleged to have been caused by the failure of the defendant to pay taxes assessed thereon. The parties waived jury trial. The trial judge *78ruled that the plaintiffs were entitled to judgment and reported the case.

The facts are not in dispute. The premises in question were formerly the property of the defendant. In 1889 she conveyed them to one “Whittemore, his heirs and assigns” by deed containing these words: “The grantor reserves to herself the right to…