Cecconi v. Rodden
Massachusetts Supreme Judicial Court
Contract to recover for breach of the covenant of warranty-in a deed of land given by the defendants. Writ dated March 15, 1886. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions in substance as follows.
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Contract to recover for breach of the covenant of warranty-in a deed of land given by the defendants. Writ dated March 15, 1886. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions in substance as follows. On June 18, 1881, the defendants, Daniel Rodden and Margaret Rodden, by a deed, which contained the usual covenant of warranty, conveyed to the plaintiff a parcel of land in Boston, with the buildings thereon, bounding and describing it, so far as material, as follows: “ Northeasterly by Endicott Street, nineteen feet and eight inches, including the…
1Opinion of the Court
Devens, .1.
1. It was held in McLaughlin v. Cecconi, 141 Mass. 252, that McLaughlin, who held the estate formerly of Paine S. Higgins, was the sole owner of the wall between his estate and that of the plaintiff in this action, and that the wall was wholly on his land, although Sarah Oecconi, through her grantors, had acquired certain prescriptive rights to use the same.
The plaintiff now brings this action for a breach of the warranty in the deed made to her by the defendants. It is not disputed that the entire wall is upon the land of McLaughlin, and that the plaintiff’s only rights to use the…
2Cases cited6 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
- McLaughlin v. CecconiMassachusetts Supreme Judicial Court · 1886
- Kershaw v. WrightMassachusetts Supreme Judicial Court · 1874
- Pennock v. McCormickMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bingham v. LipmanOregon Supreme Court · 1901
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
- Dionne v. LeClercSupreme Judicial Court of Maine · 2006
- Commonwealth v. PatalanoMassachusetts Supreme Judicial Court · 1925
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1917
5 more not listed; retrieve them via the Exa API.