Hovey v. Newton
This text of 24 Mass. 28 (Hovey v. Newton) 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.
Opinion
Oct. 2d.
A pre-existing right to pass over land conveyed t; take water il-om a spring in it, is a breach of the covenant against incumbrances. Harlow v. Thomas, 15 Pick. 68; Mitchell v. Warner, 5 Connect. R. 497. So is the existence of a public highway. Kellogg v. Ingersoll, 2 Mass. R. 97 ; Hubbard v Norton, 10 Connect R. 431; Pritchard v. Atkinson, 3 N. Hampsh. R. 335. And evidence is not admissible to show that the grantee knew of the existence of the easement. Harlow v. Thomas, 15 Pick. 68; Hubbard v Norton, 10 Connect. R. 431. See Townsend v. Weld, 8 Mass. R. 146
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24 Mass. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hovey-v-newton-mass-1828.