Legal Opinion

Pratt v. Buckley

Massachusetts Supreme Judicial Court

Decided January 3, 1900PublishedCited by 20 opinions

Action on Pub. Sts. c. 175, to recover possession of certain premises in Abington. The case was submitted to the Superior Court, and after judgment for the plaintiff, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.

1Opinion of the CourtKnowlton, J.

This is an action of forcible entry and detainer brought under the Pub. Sts. c. 175, § 1. On March 3, 1893, Alice M. Pratt was the owner in fee of the property in dispute, and she mortgaged it to one Gould to secure the payment of $850. On March 7 of the same year she conveyed the premises to one Robinson, by a deed which recited that the land was conveyed subject to a mortgage, and which excepted the mortgage from the covenant of warranty and the covenant against incumbrances. Afterwards the mortgagee notified her that the note was unpaid, and that if it was not satisfactorily arranged at…

2Cases cited3 opinions

  1. Baker v. TerrellSupreme Court of Minnesota · 1863
  2. Tucker v. CrowleyMassachusetts Supreme Judicial Court · 1879
  3. Swett v. ShermanMassachusetts Supreme Judicial Court · 1872

3Cited by20 opinions

  1. North End Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1908
  2. Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
  3. Conway Savings Bank v. VinickMassachusetts Supreme Judicial Court · 1934
  4. Lynn Five Cents Savings Bank v. PortnoyMassachusetts Supreme Judicial Court · 1940
  5. Brockton Savings Bank v. ShapiroMassachusetts Supreme Judicial Court · 1942

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