Milligan v. Drury
Massachusetts Supreme Judicial Court
Tort for the conversion of two wooden houses and a stable, situate upon land belonging to the defendant as trustee under the will of Cyrus Alger.
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Tort for the conversion of two wooden houses and a stable, situate upon land belonging to the defendant as trustee under the will of Cyrus Alger. 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, in substance as follows : On October 1, 1869, the defendant, as trustee, made a lease of a lot of vacant land on Alger Street in Boston to the plaintiff, for the term of ten years, which lease was duly recorded. The lease provided that the lessee should pay $112 per year, “ and all taxes and duties levied…
1Opinion of the CourtMorton, J.
The lease to the plaintiff provides that he shall pay the rent stipulated therein, “ and all taxes and duties levied and to be levied thereon during the term.” It also provides that, “ upon the payment of rent and taxes aforementioned upon the said premises, said lessee shall have the privilege or right to remove any and all buildings erected by himself upon said premises at the expiration of the aforesaid lease.” Under these provisions, the plaintiff has no right to remove the buildings erected by him, and to treat them as personal property, except upon payment of all the rent and taxes due…
2Cited by16 opinions
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