Legal Opinion

Peters v. Stone

Massachusetts Supreme Judicial Court

Decided November 26, 1906PublishedCited by 14 opinions

Bill in equity, filed in the Superior Court on August 4, 1905, by the owners of a farm of about fifteen acres situated on both sides of Malden Street in Worcester, praying for an injunction to restrain the defendant from removing certain poultry buildings from the premises of the plaintiffs which had been attached and levied on by the defendant as personal property of the Park Villa Farm Company, a corporation, and had been purchased by the defendant at the execution sale.

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Bill in equity, filed in the Superior Court on August 4, 1905, by the owners of a farm of about fifteen acres situated on both sides of Malden Street in Worcester, praying for an injunction to restrain the defendant from removing certain poultry buildings from the premises of the plaintiffs which had been attached and levied on by the defendant as personal property of the Park Villa Farm Company, a corporation, and had been purchased by the defendant at the execution sale. An interlocutory injunction was issued and the case was referred to á master. Later the case was heard by Stevens, J.…

1Opinion of the CourtBraley, J.

The rights of the parties to the buildings in controversy depend upon the construction of the lease given by the plaintiffs to the assignors of the judgment debtor, under whom the defendant claims ownership. This instrument by apt words *185demised a farm of about fifteen acres, with the buildings, for the term of three years at a fixed rental, with an agreement that the lessees might purchase the premises at a price to be adjusted in amount according to each year of their occupation. The usual covenants were inserted, which included an agreement by the lessees “ to make all repairs needed or…

2Cases cited12 opinions

  1. Jones v. ParkerMassachusetts Supreme Judicial Court · 1895
  2. Nolle v. ThompsonCourt of Appeals of Kentucky · 1860
  3. Carpenter v. Pocasset Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
  4. Hagar v. BuckSupreme Court of Vermont · 1872
  5. Duncklee v. WebberMassachusetts Supreme Judicial Court · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
  2. Pittsfield & North Adams Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1927
  3. Milligan v. Tibbetts Engineering Corp.Massachusetts Supreme Judicial Court · 1984
  4. Raffel v. PerleyMassachusetts Appeals Court · 1982
  5. Donovan Motor Car Co. v. NilesMassachusetts Supreme Judicial Court · 1923

9 more not listed; retrieve them via the Exa API.

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