Richardson v. Tobey
Massachusetts Supreme Judicial Court
Contract to recover one half the cost of a party wall. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on an agreed statement of facts as follows : “ On May 13, 1869, Henry Lee and others, being the owners of three adjoining lots of land on Boylston Street, and numbered LI, 12, and 13, on Berkeley Square, in Boston, sold lots 11 and 12 to the plaintiff, by deed duly acknowledged and recorded at the time with…
Read the full summary
Contract to recover one half the cost of a party wall. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on an agreed statement of facts as follows : “ On May 13, 1869, Henry Lee and others, being the owners of three adjoining lots of land on Boylston Street, and numbered LI, 12, and 13, on Berkeley Square, in Boston, sold lots 11 and 12 to the plaintiff, by deed duly acknowledged and recorded at the time with Suffolk county deeds. Inserted in the deed, after the usual covenants, was the following clause: ‘ It is understood and…
1Opinion of the CourtGray, C. J.
The submission of the case upon an agreed statement of facts waives all questions of the form of the declaration. The deed of Lee and others to the plaintiff, having been duly acknowledged and recorded, was notice to all subsequent purchasers, so far as it conveyed an interest in, or created a charge upon, real estate. The clause inserted in that deed, being under the seal of the grantors, was so executed as to operate as a grant, or a covenant, or both, according to the intention of the parties, as manifested by its terms.
Those terms show: 1st. A grant to the plaintiff of the right to place…
2Cases cited5 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Cole v. . HughesNew York Court of Appeals · 1873
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1875
- Standish v. LawrenceMassachusetts Supreme Judicial Court · 1872
3Cited by23 opinions
- Conduitt v. RossIndiana Supreme Court · 1885
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
- King v. WightMassachusetts Supreme Judicial Court · 1892
- Packard v. . SmartSupreme Court of North Carolina · 1944
- Packard v. SmartSupreme Court of North Carolina · 1944
18 more not listed; retrieve them via the Exa API.