Harrington v. Murphy
Massachusetts Supreme Judicial Court
Contract for breach of the defendant’s covenant of warranty against incumbrances, in a deed of land in Charlestown, executed and delivered by him to the plaintiff on March 14, 1865. Writ dated November 3, 1869. Trial in the superior court, before Putnam, J., who directed a verdict for $50 damages in favor of the plaintiff, and reported for the determination of this court the ease which is stated in the opinion.
1Opinion of the CourtMorton, J.
It appears from the report, that the only incumbrance which the plaintiff proved was the existence of an inchoate right of dower in a part of the estate conveyed by the deed. It was decided by this court, after full consideration, in Shearer v. Ranger, 22 Pick. 447, that an inchoate right of dower is an existing incumbrance amounting to a breach of a covenant against incumbrances; and that decision was approved in the recent case of Bigelow v. Hubbard, 97 Mass. 195. It follows that the plaintiff is entitled to maintain this action.
But we are of opinion that the ruling of the presiding judge,…
2Cases cited3 opinions
- Green v. HackleyCourt of Appeals of Kentucky · 1860
- Chapel v. BullMassachusetts Supreme Judicial Court · 1821
- Bigelow v. HubbardMassachusetts Supreme Judicial Court · 1867
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- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
- Smith v. CarneyMassachusetts Supreme Judicial Court · 1879
- Doyle v. American Fire InsuranceMassachusetts Supreme Judicial Court · 1902
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