Tainter v. Cole
Massachusetts Supreme Judicial Court
Bill is equity, filed February 12, 1874, against Elizabeth Cole, and the heirs of Andrew Cole, to restrain them from taking down a building owned by the said heirs, which had been injured by fire, and a portion of which had been leased by Elizabeth Cole to the plaintiff.
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Bill is equity, filed February 12, 1874, against Elizabeth Cole, and the heirs of Andrew Cole, to restrain them from taking down a building owned by the said heirs, which had been injured by fire, and a portion of which had been leased by Elizabeth Cole to the plaintiff. The bill set forth the leases, alterations and improvements of the plaintiff; alleged that the building had been partially destroyed, and that Elizabeth Cole the tenant for life of the estate and some of the other defendants, owners of the reversion, pretended and claimed that by the partial destruction of the building the…
1Opinion of the CourtMorton, J.
The plaintiff holds two leases executed by Elizabeth Cole, by which she demised to him certain rooms in a building owned by the heirs of Andrew Cole, deceased, for the term of ten years from April 1, 1872.
There are five heirs of Andrew Cole. Before the leases to the plaintiff four of the said heirs had executed a lease of the building and land to Elizabeth Cole for her life. Her interest, when she undertook to lease the plaintiff’s rooms to him, was that of a tenant for life, in four undivided fifth parts of the building and land. Carrie E. Cole, one of the defendants, was a minor when these…
2Cases cited2 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- Moran v. ManningMassachusetts Supreme Judicial Court · 1940
- Trowbridge v. DonnerNebraska Supreme Court · 1950
- Wright v. KaynorMichigan Supreme Court · 1907
- Jackson v. O'RorkeNebraska Supreme Court · 1904
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