Wendall v. Fisher
Massachusetts Supreme Judicial Court
Contract for alleged breach of the covenants of warranty in a deed of certain land on Locust Street in Attleborough. Writ dated March 3, 1903. At the trial in the Superior Court before Hitcheoek, J., it appeared, that in April, 1857, one Peter Thacher conveyed the premises to one Albert Goff in fee, by a deed which contained no exception or reservation in either the granting or the habendum clause, and contained the following covenants ; “ and I the said Peter Thacher for…
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Contract for alleged breach of the covenants of warranty in a deed of certain land on Locust Street in Attleborough. Writ dated March 3, 1903. At the trial in the Superior Court before Hitcheoek, J., it appeared, that in April, 1857, one Peter Thacher conveyed the premises to one Albert Goff in fee, by a deed which contained no exception or reservation in either the granting or the habendum clause, and contained the following covenants ; “ and I the said Peter Thacher for myself and my heirs, executors and administrators, do covenant with the said Albert Goff and his heirs and assigns, that I…
1Opinion of the CourtHammond, J.
By the granting and the habendum clause in the deed of Thacher to Goff, the land therein described was conveyed in fee. The clause “ except a right to pass and repass in the road leading from the barn to the swamp where we get mud by our putting up bars, with teams and otherwise ” first appears in the covenant against incumbrances.
This exception must be regarded therefore as inserted only for the purpose of modifying to that extent the liability upon the covenants. It did not estop the grantee from denying the existence of the right therein described as against any person asserting it. Weed…
2Cases cited3 opinions
- White v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1892
- Weed Sewing Machine Co. v. EmersonMassachusetts Supreme Judicial Court · 1874
- Hamlin v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Billings v. BillingsWashington Supreme Court · 1930
- Hamlin v. AllenMassachusetts Land Court · 1899
- Merriam v. SeelyeMassachusetts Land Court · 1907