Furnas v. Durgin
Massachusetts Supreme Judicial Court
ContbACT in several counts, some for breach of a covenant of warranty in a deed from the defendant to the plaintiff, and others for breach of an agreement to pay mortgages subsisting upon an estate conveyed by the plaintiff to the defendant.
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ContbACT in several counts, some for breach of a covenant of warranty in a deed from the defendant to the plaintiff, and others for breach of an agreement to pay mortgages subsisting upon an estate conveyed by the plaintiff to the defendant. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The defendant by his deed dated August 19,1872, conveyed to the plaintiff in fee simple a parcel of land in West Roxbury, with the following covenants: “ And I do hereby, for myself and my heirs, executors and administrators, covenant with the said…
1Opinion of the CourtDevens, J.
The plaintiff relies, to maintain his action, upon a breach by the defendant of the covenant of general warranty in the deed of the West Roxbury estate of the date of August 19, 1872, — this estate being at the time of its execution subject to a mortgage originally made to Michael E. Bowe, for the sum o4 $3000, and by intermediate assignments transferred to Betsy J. Pope, — and further upon an eviction by Mrs. Pope, who on De *505cember 29, 1872, made an entry upon the premises in order to foreclose the said mortgage.
The certificate of entry produced at the trial is made by the statute evidence…
2Cases cited6 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
- Cushing v. GoreMassachusetts Supreme Judicial Court · 1818
- Fletcher v. CaryMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Heim v. VogelSupreme Court of Missouri · 1879
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
58 more not listed; retrieve them via the Exa API.