Newall v. Wright
Massachusetts Supreme Judicial Court
This was an action of debt for the rent of certain tenements demised by the plaintiffs’ intestate to the defendant by ease indented. [ * 139 ] * November term, 1806. The parties agreed to the following state of facts for the opinion of the Court “ Andrew Newall, deceased, the plaintiffs’ intestate, and FranHs Wright, the defendant, executed the deed declaied upon, March 29th, 1792, whereby the said Andrew, deceased, demised the premises described in the same deed, to the…
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This was an action of debt for the rent of certain tenements demised by the plaintiffs’ intestate to the defendant by ease indented. [ * 139 ] * November term, 1806. The parties agreed to the following state of facts for the opinion of the Court “ Andrew Newall, deceased, the plaintiffs’ intestate, and FranHs Wright, the defendant, executed the deed declaied upon, March 29th, 1792, whereby the said Andrew, deceased, demised the premises described in the same deed, to the defendant for five years next ensuing the date thereof, for the yearly rent of £35, which the defendant in the same deed…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
This cause has been very well argued by the counsel on each side. The execution of the lease declared on being admitted, and it being agreed that no rent has been paid, the plaintiffs must recover, unless they are barred in consequence of some of the facts disclosed by the case.
The defendant insists that the plaintiffs are barred, because * on the same day, and at the same time, the [ * 152 ] lease was executed, the intestate conveyed to him, in fee simple, the premises demised, on condition that the conveyance should be void…
2Cases cited4 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Colman v. PackardMassachusetts Supreme Judicial Court · 1819
3Cited by39 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Southerin v. MendumSuperior Court of New Hampshire · 1831
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