Richstein v. Welch
Massachusetts Supreme Judicial Court
Contract for the alleged breach of the covenants of warranty and quiet enjoyment contained in a deed from the defendant to the plaintiff of a parcel of land in Lawrence with the buildings thereon, dated September 16, 1902, Writ dated November 10, 1904. In the Superior Court the case was tried before Sherman, J. The deed described the land as being on the corner of a certain alleyway and contained the words “together with the right to use said alleyway on the East side of…
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Contract for the alleged breach of the covenants of warranty and quiet enjoyment contained in a deed from the defendant to the plaintiff of a parcel of land in Lawrence with the buildings thereon, dated September 16, 1902, Writ dated November 10, 1904. In the Superior Court the case was tried before Sherman, J. The deed described the land as being on the corner of a certain alleyway and contained the words “together with the right to use said alleyway on the East side of said tract.” These words were written in with a pen, the rest of the deed being typewritten. It appeared in evidence that…
1Opinion of the CourtBralet, J.
If the plaintiff has been evicted by a paramount title from the easement in the alleyway which passed under the deed as appurtenant to the premises, the defendant’s covenant of warranty was broken, and she became entitled to recover damages for the breach, Gilman v. Haven, 11 Cush. 330. Tobey v. Taunton, 119 Mass. 404. Kramer v. Carter, 136 Mass. 504, 507, 509. Smith v. Richards, 155 Mass. 79, 82.
Upon the estate was a stable used by the plaintiff’s husband, the only entrance to which for horses.was by a door which opened on the westerly side of the way, and a dispute as to her title having…
2Cases cited9 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Consolidated Hand-Method Lasting Machine Co. v. BradleyMassachusetts Supreme Judicial Court · 1898
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Richmond v. AmesMassachusetts Supreme Judicial Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Buhl v. VieraMassachusetts Supreme Judicial Court · 1952
- Pasquale v. ShoreMassachusetts Supreme Judicial Court · 1961
- Council Improvement Co. v. Pacific & Idaho Northern Land & Improvement Co.Idaho Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.