Bemis v. Wilder
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a house in Boston. At the trial in the superior court, before Morton, J., without a jury, it appeared that Charles Brown demised the house to the defendant, to hold for ten years from April 1, 1862, by an indenture of lease, duly executed and recorded, in which the defendant covenanted, among other matters, not “ to lease nor underlet, nor permit any other person or persons to occupy or improve ” the premises, “ or make or…
Read the full summary
Action on the Gen. Sts. c. 137, for possession of a house in Boston. At the trial in the superior court, before Morton, J., without a jury, it appeared that Charles Brown demised the house to the defendant, to hold for ten years from April 1, 1862, by an indenture of lease, duly executed and recorded, in which the defendant covenanted, among other matters, not “ to lease nor underlet, nor permit any other person or persons to occupy or improve ” the premises, “ or make or suffer to be made any alteration therein, but with the approbation of the lessor thereto in writing having been first…
1Opinion of the CourtColt, J.
To defeat this action to recover possession of the tenement, which the defendant, it is found, forcibly holds against the plaintiffs, a covenant not to lease nor underlet, nor permit any other person to occupy, contained in the lease between Brown, the original lessor, and the defendant, is relied upon.
The plaintiffs claim as assignees of the defendant’s interest in the lease, by an unrecorded assignment from the defendant’s assignee in insolvency. The court declined to rule that the lease was not transferred to the plaintiffs without the consent in writing required in its terms, and that the…
2Cited by23 opinions
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
- Farnum v. HefnerCalifornia Supreme Court · 1889
- Fleming v. Fleming Hotel Co.New Jersey Court of Chancery · 1905
- Squire v. LearnedMassachusetts Supreme Judicial Court · 1907
- HRPT Advisors, Inc. v. MacDonald, Levine, Jenkins & Co.Massachusetts Appeals Court · 1997
18 more not listed; retrieve them via the Exa API.