Hill v. Hill
Massachusetts Supreme Judicial Court
Contract. The declaration contained two counts. The first alleged in substance that the plaintiff conveyed by deed certain real estate to the defendant, for the sum of $1,000, and that the defendant owed the plaintiff $600, the balance due of that sum.
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Contract. The declaration contained two counts. The first alleged in substance that the plaintiff conveyed by deed certain real estate to the defendant, for the sum of $1,000, and that the defendant owed the plaintiff $600, the balance due of that sum. The second in substance alleged that the plaintiff and defendant owned a farm in common, which they agreed to divide ; that the plaintiff was to have all the wood, timber and trees on a portion of it, with a right to cut and take them away; that the parties mutually made conveyances, the plaintiff attempting to reserve in the conveyance made by…
1Opinion of the CourtMorton, J.
In Hill v. Cutting, 107 Mass. 596, the mutual deeds of partition between the parties to this suit were before the court for construction, and it was held that the clause in the deed of John Hill, reserving the wood, timber and trees on the lot of eight acres could not operate by way of exception or reservation, as to the undivided half which belonged to Philemon; but that it might have the effect of a parol transfer of the wood then standing on the premises, as personal property, and a license to enter and cut the same, which was good until revoked. It did not appear, by the statement of…
2Cases cited2 opinions
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Hill v. CuttingMassachusetts Supreme Judicial Court · 1871
3Cited by19 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Fletcher v. LyonSupreme Court of Arkansas · 1909
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