Emerson v. Proprietors of a Tract of Land in Minot

Massachusetts Supreme Judicial Court

Emerson v. Proprietors of a Tract of Land in Minot

1 Mass. 464

CourtMassachusetts Supreme Judicial Court

DecidedMay 15, 1805

StatusPublished

Cited by14 cases

This text of 1 Mass. 464 (Emerson v. Proprietors of a Tract of Land in Minot) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Emerson v. Proprietors of a Tract of Land in Minot, 1 Mass. 464 (Mass. 1805).

Pincite

Opinion

* Thacher, J.,

said he was clearly of opinion that no action could be maintained on this covenant without showing an eviction.

Sewall, J.,

said he retained the opinion which he had expressed the day before. No eviction is alleged ; the declaration is therefore wholly insufficient; and the pleadings are immaterial.

Sedgwick, J.,

said that he concurred, without a particle of doubt. This covenant has been for some time considered, here, as a personal covenant. If it be so, then it is in fact and in essence a covenant for quiet enjoyment; on which no action can be maintained till disturbance in that enjoyment. The plaintiff has shown none, and therefore has shown no cause of action.

The plaintiff had leave to discontinue.

Free access — add to your briefcase to read the full text and ask questions with AI