Waldo v. Hall
Massachusetts Supreme Judicial Court
Daniel Parker, by indenture, leased land, &c., to the defendant, who assigned the same to the plaintiff in these words: “ grant, bargain, sell, assign, and set over, to said Waldo, his executors, administrators, and assigns, the whole of the premises and appurtenances within mentioned; — to have and to hold during the term of time in said lease mentioned, he, the said Waldo, performing all covenants,” &c.
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Daniel Parker, by indenture, leased land, &c., to the defendant, who assigned the same to the plaintiff in these words: “ grant, bargain, sell, assign, and set over, to said Waldo, his executors, administrators, and assigns, the whole of the premises and appurtenances within mentioned; — to have and to hold during the term of time in said lease mentioned, he, the said Waldo, performing all covenants,” &c. Prior to making the lease, Parker, the lessor, had mortgaged the same lands, &c., to one Fitch, who, after the lease and the assignment, ejected Waldo, and took possession, by virtue of his…
1Opinion of the Court
* This is covenant by an assignee against an assignor, upon an implied covenant in law, for an eviction by an elder title derived from the original lessor. And the Court are of opinion that the action does not lie. For, 1. It appears the intent *416of the parties only to assign the term. The assignment being written upon the lease, the assignor says he assigns “ the within-mentioned premises for the term mentioned in the lease, Waldo, the assignee, performing all the covenants; ” which seems intended merely to put the assignee into the place of the assignor, with all benefits and burdens…
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