Hill v. Cutting
Massachusetts Supreme Judicial Court
Tort for the conversion of 4000 feet of chestnut lumber valued at $25. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon the following facts: On April 22, 1865, John Hill, then owning a farm of one hundred acres in Charlton, conveyed it to his two sons, John Hill, Jr., and the plaintiff, and they held it in common and undivided until May 5,1865, when they divided it between them by mutual daeds of release and quitclaim.
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Tort for the conversion of 4000 feet of chestnut lumber valued at $25. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon the following facts: On April 22, 1865, John Hill, then owning a farm of one hundred acres in Charlton, conveyed it to his two sons, John Hill, Jr., and the plaintiff, and they held it in common and undivided until May 5,1865, when they divided it between them by mutual daeds of release and quitclaim. The deed from John Hill, Jr., t; the plaintiff, after the description of the granted premises, contained this clause: “Said…
1Opinion of the CourtGray, J.
The intention of the parties to the deeds of May 5, 1865, that all the wood then standing on the eight acres, which were part of the land in which John released his title to Philemon, should continue to belong to John, is sufficiently evident. The only difficulty in carrying out that intention arises out of the attempt to express it by way of exception or reservation in the deed from John to Philemon, instead of doing so by way of grant in the deed from Philemon to John. A reservation or exception can only be out of the estate granted, and this clause therefore could not operate by way of…
2Cited by8 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Hill v. HillMassachusetts Supreme Judicial Court · 1873
- Ellis v. ClarkMassachusetts Supreme Judicial Court · 1872
- Rowland v. Lilly's HeirsCourt of Appeals of Kentucky · 1921
- Stadler v. Missouri River Power Co.Court of Appeals for the Ninth Circuit · 1905
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