Legal Opinion

Ayling v. Kramer

Massachusetts Supreme Judicial Court

Decided May 13, 1882PublishedCited by 20 opinions

1Opinion of the CourtMorton, C. J.

This is an action to recover damages for a breach of the covenant against incumbrances, contained in a deed from the defendant to the plaintiff.

The city of Boston, by its deed dated July 3, 1862, conveyed the land in question to Mary Ann Carter. This deed, after the description and before the habendum, contained the provision that “this conveyance is also subject to the following conditions : 1. All taxes and assessments which have been laid or assessed upon the said premises previous to the execution of this conveyance shall be paid by the said Mary Ann Carter, her heirs and assigns. 2. The…

2Cases cited3 opinions

  1. Episcopal City Mission v. AppletonMassachusetts Supreme Judicial Court · 1875
  2. Skinner v. ShepardMassachusetts Supreme Judicial Court · 1881
  3. Keening v. AylingMassachusetts Supreme Judicial Court · 1879

3Cited by20 opinions

  1. Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
  2. Graves v. . DeterlingNew York Court of Appeals · 1890
  3. Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
  4. Fraser v. BentelCalifornia Supreme Court · 1911
  5. American Unitarian Ass'n v. MinotMassachusetts Supreme Judicial Court · 1904

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