Makepeace v. Bancroft
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought upon a deed made to the plaintiff by the defendant on the 22d day of May, 1809, purporting to convey to him in fee, “ a certain piece of land in Cambridgeport, measuring on Worcester Street twenty-two feet and a half, and keeping the same width seventy feet, back to another way, with all the privileges and appurtenances to the said lot belonging, meaning to convey thereby the same lot which was conveyed to the said grantor by…
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This was an action of covenant broken, brought upon a deed made to the plaintiff by the defendant on the 22d day of May, 1809, purporting to convey to him in fee, “ a certain piece of land in Cambridgeport, measuring on Worcester Street twenty-two feet and a half, and keeping the same width seventy feet, back to another way, with all the privileges and appurtenances to the said lot belonging, meaning to convey thereby the same lot which was conveyed to the said grantor by John M’Neil, by his deed dated October 29th, 1807, including one half of the brick wall mentioned in the deed last…
1Opinion of the CourtParker, C. J.
[After stating the pleadings, and the facts from the judge’s report of the trial.] The titles to both the lots being now united in the same person, no difficulty can arise about the wall hereafter, unless the plaintiff should himself choose to make one. His action is, however, probably founded upon the supposition, that, in his purchase of the defendant, he has paid for a wall, which he could not enjoy without extinguishing the title of Brown, and those claiming under him ; and that he ought to recover back that portion of the purchase-money, which was given in payment for that portion of the…
2Cases cited3 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Clark v. GrahamSupreme Court of the United States · 1821
- Jackson ex dem. Weidman v. HubbleNew York Supreme Court · 1824
3Cited by27 opinions
- Riley v. GriffinSupreme Court of Georgia · 1854
- George v. ThomasTexas Supreme Court · 1856
- Ray v. King CountyCourt of Appeals of Washington · 2004
- Ray v. King CountyCourt of Appeals of Washington · 2004
- Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839
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