Toupin v. Peabody
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 5, 1893, for specific performance of a covenant for renewal contained in a lease of certain premises in Haverhill. The case was submitted upon agreed facts, in substance as follows.
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Bill in equity, filed in the Superior Court on September 5, 1893, for specific performance of a covenant for renewal contained in a lease of certain premises in Haverhill. The case was submitted upon agreed facts, in substance as follows. Hannah Driscoll, being the owner in fee of certain land in Haverhill, upon which was a building, the lower story of which was used for shops and the upper stories for dwelling purposes, and occupied by several different tenants, executed and delivered, on August 20, 1888, a lease of the lower story thereof to the plaintiff, containing, after the habendum,…
1Opinion of the CourtBarker, J.
Assuming that the instrument of August 20, 1888, is not a demise for two successive terms of five years each, we are nevertheless of the opinion that it is “ a lease for more than seven years from the making thereof,” within the meaning of Pub. Sts. c. 120, § 4, which enacts that “ A conveyance of an estate in fee simple, fee tail, or for life, or a lease for more than seven years from the making thereof, shall not be valid as against any person other than the grantor or lessor and his heirs and devisees, and persons having actual notice of it, unless it is recorded in the registry of deeds…
2Cases cited5 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
- Lamb v. PierceMassachusetts Supreme Judicial Court · 1873
- Keith v. WheelerMassachusetts Supreme Judicial Court · 1893
- Johnson v. GibbsMassachusetts Supreme Judicial Court · 1885
3Cited by28 opinions
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Snyder v. Sperry & Hutchinson Co.Massachusetts Supreme Judicial Court · 1975
- McCarthy v. LaneMassachusetts Supreme Judicial Court · 1938
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Richardson v. Lee Realty Corp.Massachusetts Supreme Judicial Court · 1974
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