Wood v. Boyd
Massachusetts Supreme Judicial Court
Contract, for breach of a covenant against incumbrances, in a deed from the defendants to the plaintiff. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows : On August 19, 1836, Nathan Heard, who then owned a farm bounded northerly on a turnpike, and having a house upon it on the southerly side, conveyed to James Estabrook the northerly portion lying between the house and the turnpike.
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Contract, for breach of a covenant against incumbrances, in a deed from the defendants to the plaintiff. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows : On August 19, 1836, Nathan Heard, who then owned a farm bounded northerly on a turnpike, and having a house upon it on the southerly side, conveyed to James Estabrook the northerly portion lying between the house and the turnpike. This deed contained the following clause: “ reserving to said Heard, his heirs and assigns, the right of passageway from his dwelling-house to the…
1Opinion of the CourtMorton, C. J.
The plaintiff’s lot was formerly a part of a larger lot owned by one Heard. In 1836, Heard conveyed the plaintiff’s lot to one Estabrook by a deed containing the following clause: “ reserving to said Heard, his heirs and assigns, the right of passageway from his dwelling-house to the turnpike aforesaid, and through the premises, as the same is now enjoyed.” This right of way was conveyed by deed of Heard, and by several mesne conveyances, to Ann B. Earle, who now owns and occupies the house formerly owned by Heard. It is this right of way, in favor of said Earle, which the plaintiff contends…
2Cases cited2 opinions
- Ashcroft v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
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- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Smith v. FurbishSupreme Court of New Hampshire · 1894
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