Lienow v. Ellis
Massachusetts Supreme Judicial Court
This was an action of covenant broken by the plaintiff, as assignee of one Montgomery R. Bartlet. The declaration states a conveyance, by deed executed by the defendant, to Bartlet, in fee simple, of a lot of land, which appears to be in the county of Middlesex, and which is bounded by other lands in the deed mentioned ; but there is no averment in what town or county the land is situate.
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This was an action of covenant broken by the plaintiff, as assignee of one Montgomery R. Bartlet. The declaration states a conveyance, by deed executed by the defendant, to Bartlet, in fee simple, of a lot of land, which appears to be in the county of Middlesex, and which is bounded by other lands in the deed mentioned ; but there is no averment in what town or county the land is situate. The declaration also states a covenant in the same deed by the defendant to Bartlet, his heirs and assigns, that the said land was free of all encumbrances ; and also a conveyance in fee by deed executed by…
1Opinion of the CourtParsons, C. J.
It is the opinipn of the Court that the exception urged by the counsel for the defendant must prevail. When the action of covenant is founded on privity of contract between the parties, their executors or administrators, it is transitory, and may be sued as a transitory action ; but when it is founded on privity of estate, the action is then local, and must be sued in the county where the land lies. In the case before us, if the plaintiff can maintain an action of covenant upon the covenant on which he declares, he must maintain it as assignee of Bartlet, by virtue of his conveyance of the…
2Cited by11 opinions
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- First Federal Savings & Loan Ass'n v. Merrimack Valley National BankMassachusetts Appeals Court · 1977
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