Pease v. Inhabitants of Whitman
Massachusetts Supreme Judicial Court
Tort for flowing the plaintiff’s land. Writ dated November 20, 1900. The case was tried in the Superior Court before Hardy, J. The defendant claimed the right to flow the land under the deed of one Patrick Luddy, dated November 2, 1886, when the title to the land stood in the names of Patrick Luddy and of his wife, who did not join in the deed. The land had been conveyed by one Faxon on October 18, 1883, to Patrick Luddy and Katherine Luddy his wife.
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Tort for flowing the plaintiff’s land. Writ dated November 20, 1900. The case was tried in the Superior Court before Hardy, J. The defendant claimed the right to flow the land under the deed of one Patrick Luddy, dated November 2, 1886, when the title to the land stood in the names of Patrick Luddy and of his wife, who did not join in the deed. The land had been conveyed by one Faxon on October 18, 1883, to Patrick Luddy and Katherine Luddy his wife. After the death of Patrick his widow Katherine conveyed the premises to the plaintiff. The judge refused to give the rulings requested by the…
1Opinion of the CourtKnowlton, C. J.
The only question in this case is whether a conveyance of real estate to a husband and wife, prior to the St. 1885, c. 237, gave a title to the husband which he alone could alienate in his lifetime, by a deed which would bar the right of his wife, in the property, as his survivor after his death. The question is answered by decisions of 'this court. In Pray v. Stebbins, 141 Mass. 219, 221 the court says, “ At common law, both husband and wife were seised of the estate thus granted per tout et non per my as one person, and not as joint tenants or tenants in common. There could be no severance…
2Cases cited4 opinions
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Phelps v. SimonsMassachusetts Supreme Judicial Court · 1893
- Pierce v. ChaceMassachusetts Supreme Judicial Court · 1871
- Donahue v. HubbardMassachusetts Supreme Judicial Court · 1891
3Cited by5 opinions
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Hoag v. HoagMassachusetts Supreme Judicial Court · 1912
- Boland v. McKowenMassachusetts Supreme Judicial Court · 1905
- Holmes v. HolmesSupreme Court of Kansas · 1905