White v. Shippee
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on May 25, 1912, for the registration of certain land in the town of Rowe.In the Land Court the case was heard by Davis, J. It appeared that, in 1850, one Ebenezer Stanford Rice owned the land in question, which was a farm. In that year he executed to one Griffin and his assigns (the word "heirs” being omitted) a deed conveying to Griffin the right to mine soapstone and other minerals on the farm.
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Petition, filed in the Land Court on May 25, 1912, for the registration of certain land in the town of Rowe.In the Land Court the case was heard by Davis, J. It appeared that, in 1850, one Ebenezer Stanford Rice owned the land in question, which was a farm. In that year he executed to one Griffin and his assigns (the word "heirs” being omitted) a deed conveying to Griffin the right to mine soapstone and other minerals on the farm. This deed was acknowledged and recorded in 1858. The trial judge ruled that this grant created a life estate only. In 1853 Ebenezer Stanford Rice conveyed all his…
1Opinion of the CourtBraley, J.
It was correctly ruled, that the prior deed from Ebenezer Rice “to one Griffin and his assigns” of the right to *25mine soapstone and other minerals created only a life estate, and in the absence of any recitals or statements to the contrary it must be assumed from the bill of exceptions, that Stebbins Rice to whom Ebenezer subsequently conveyed the farm, and under whom the petitioner by mesne conveyances derives title, was a purchaser for value without either actual or constructive notice of the incumbrance. Sedgwick v. Laflin, 10 Allen, 430. Wenz v. Pastene, 209 Mass. 359. The warranty deed,…
2Cases cited3 opinions
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- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
3Cited by7 opinions
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- LaChance v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1938
- Gadreault v. HillmanMassachusetts Supreme Judicial Court · 1945
- Keeler v. McNeirSupreme Court of Oklahoma · 1939
- Curtis v. BrownMassachusetts Supreme Judicial Court · 1914
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