Legal Opinion

Bemis v. Caldwell

Massachusetts Supreme Judicial Court

Decided January 7, 1887PublishedCited by 14 opinions

Contract for a breach of a covenant against incumbrances in a deed of land from the defendants to the plaintiffs. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.

1Opinion of the CourtMorton, C. J.

It appears that, on May 1,1883, the heirs of O. H. B. Caldwell were the owners of a tract of land in Waltham, bounded in part on Weston Street and in part on Main Street. On the tract were a mansion-house, with a stable and greenhouse attached, fronting on Weston Street, and a smaller house fronting on Main Street. The assessors of Waltham taxed this estate for the year 1883 to the said heirs. In the valuation list they entered the estate as follows: “ House, Weston St. $3200. House, Main St. $1600. Stable, $400. Greenhouse, $200. Land, 6 acres, $1800. Aggregate value of real estate, $7200.”…

2Cases cited3 opinions

  1. Jennings v. CollinsMassachusetts Supreme Judicial Court · 1868
  2. Inhabitants of Westhampton v. SearleMassachusetts Supreme Judicial Court · 1879
  3. Noyes v. HaleMassachusetts Supreme Judicial Court · 1884

3Cited by14 opinions

  1. City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1890
  2. City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
  3. Lancaster Sea Beach Improvement Co. v. City of New YorkNew York Court of Appeals · 1915
  4. Roberts v. WelshMassachusetts Supreme Judicial Court · 1906
  5. Town of Lenox v. OglesbyMassachusetts Supreme Judicial Court · 1942

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