French v. Inhabitants of Quincy
Massachusetts Supreme Judicial Court
Writ of entry by the devisee of Daniel French against the inhabitants of Quincy, to recover a lot of land in the village of Quincy, upon which the town-house of the defendants stands. At the trial in this court, before Metcalf, J., a verdict was taken for the demandant, on an agreement of the parties that if the whole court, upon a report of the case, should be of opinion that the verdict should not stand, judgment should be rendered for the tenants.
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Writ of entry by the devisee of Daniel French against the inhabitants of Quincy, to recover a lot of land in the village of Quincy, upon which the town-house of the defendants stands. At the trial in this court, before Metcalf, J., a verdict was taken for the demandant, on an agreement of the parties that if the whole court, upon a report of the case, should be of opinion that the verdict should not stand, judgment should be rendered for the tenants. The facts are stated in the opinion.
1Opinion of the Court
Chapman, J.*
The demanded premises were granted to the tenants by Daniel French, by deed dated April 19, 1844, upon the following condition : “ Always however upon this condition, that the parcel of land shall not be used for any other purpose than as a place for a town-house for said inhabitants; and upon any breach of this condition, this conveyance shall be void to all intents and purposes.” The grantor died in 1857, and the demandant, his devisee, contends that she is entitled to the land, because the tenants have forfeited their estate by breach of the condition.
The tenants erected a…
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