Bronson v. Coffin
Massachusetts Supreme Judicial Court
Contract upon the covenant against incumbrances, contained in a deed from the defendants to the plaintiff, dated May 24, 1866. Writ dated September 28, 1868. Trial in the superior court, before Putnam, J., who made the following report thereof; “ The land in question was situated in New Bedford, and came to the defendants under the will of the late Timothy G. Coffin, and was a portion of his farm.
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Contract upon the covenant against incumbrances, contained in a deed from the defendants to the plaintiff, dated May 24, 1866. Writ dated September 28, 1868. Trial in the superior court, before Putnam, J., who made the following report thereof; “ The land in question was situated in New Bedford, and came to the defendants under the will of the late Timothy G. Coffin, and was a portion of his farm. “ On April 6, 1839, the said Coffin conveyed a strip of land fifty-five rods in length and four and three tenths rods wide, running through the land in question, to the New Bedford & Taunton…
1Opinion of the CourtGray, J.
The deed made by Timothy G. Coffin to the New Bedford and Taunton Railroad Company in 1889 conveyed a strip of land between four and five rods wide, and bounded on each side by the lands retained by Coffin and afterwards granted by his devisees to the plaintiff; and contained this clause: “ I, the said T. G. Coffin, hereby covenant that I and my heirs and assigns will make and maintain a sufficient fence through the whole length of that part of the railroad which runs through my farm ; this covenant of maintaining the fence to be perpetual and obligatory upon me and all persons who shall…
2Cases cited11 opinions
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- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
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- Green v. HackleyCourt of Appeals of Kentucky · 1860
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