Massachusetts Reports; Cases Argued and Determined in the Supreme Judicial Court of Massachusetts Volume 10

Massachusetts Reports; Cases Argued and Determined in the Supreme Judicial Court of Massachusetts Volume 10

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...purchase; and in that view a caution is inserted, that, if it should prove so, the grantor was not to be held by his conveyance or his covenants to warrant the title beyond those limits. The word 'purchase has acquired a signification here wholly distinct from its technical sense, and means the territory itself, as "Holland's Purchase," and many others. General covenants are to be restrained by others more special and limited in the same deed. (3) This transaction can never be considered as a combination or conspiracy, within the second section of the act of Pennsylvania, unless it can be said that the plaintiff conspired to procure himself to be cheated out of 4000 dollars. The action stood continued nisi for advisement, and, at the follow ing March term in Suffolk, judgment was pronounced for the plaintiff Sewall, J. (After briefly stating the action, the pleadings and the facts agreed.) If the declaration, in this case, is sufficient to charge the defendant, the pleas in bar admit a breach, and allege no excuse. It has been argued that the declaration is insufficient, because upon oyer, whereby the deed becomes part of the declaration; it appears that the covenants are limited to the title of the Connecticut Susquehannah Company; that is, the defendant has undertaken for a conveyance of their title, such as it was, and for nothing more. "The above is to be warranted from all claims, &c., as far as the Connecticut, &c., purchase extends, and the survey is regularly made." But for the defendant to say that the company were purchasers, and claimed to hold the territory, of which the tract conveyed to the plaintiff was parcel, without averring a good title or seisin in them, or averring such title or seisin in himself, ...show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236501152
  • 9781236501158