Gallison v. Downing
Massachusetts Supreme Judicial Court
Contract with a declaration in two counts, the first count being for breaches of a covenant against incumbrances contained in a deed to one Mary Iíelleher, a predecessor in title to the plaintiff, and the second count being for breaches of a covenant of warranty to defend title contained in the same deed. Writ dated December 14, 1915. The defendant originally named in the writ was Susan A. Downing.
Read the full summary
Contract with a declaration in two counts, the first count being for breaches of a covenant against incumbrances contained in a deed to one Mary Iíelleher, a predecessor in title to the plaintiff, and the second count being for breaches of a covenant of warranty to defend title contained in the same deed. Writ dated December 14, 1915. The defendant originally named in the writ was Susan A. Downing. During the pendency of the action, her death was suggested and Irving G. Downing, the executor of her will, was admitted to defend the action. The action came on for trial before Dubuque, J. Before…
1Opinion of the CourtRugg, C.J.
This is an action of contract to recover damages for breach of covenants in a deed. In 1868 land was conveyed subject to the restriction that no building should be erected thereon within fifteen feet of one street or ten feet of another street. In 1908 Susan A. Downing (who will hereafter be called the defendant although she has deceased since the bringing of the action and the defence is conducted by her executor) was the owner of a part of this land located at the corner of said streets. By deed of September 10, 1908, she conveyed her land to Mary ICelleher with the usual warranties that it…
2Cases cited22 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Bogni v. PerottiMassachusetts Supreme Judicial Court · 1916
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Silverblatt v. LivadasMassachusetts Supreme Judicial Court · 1960
- Bailey v. MeadeMassachusetts Supreme Judicial Court · 1924
- Coons v. CarstensenMassachusetts Appeals Court · 1983
- United States v. Windsor Capital Corp.District Court, D. Massachusetts · 2007
- Storrs v. PannoneSupreme Court of Connecticut · 1931
9 more not listed; retrieve them via the Exa API.