Washburn v. Sproat

Massachusetts Supreme Judicial Court

Washburn v. Sproat

16 Mass. 449

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1820

StatusPublished

Cited by20 cases

This text of 16 Mass. 449 (Washburn v. Sproat) 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

Washburn v. Sproat, 16 Mass. 449 (Mass. 1820).

Pincite

Opinion

Per Curiam.

The administrator cannot be held to account for the value of buildings erected upon land belonging to the wife of his intestate. There could be no contract with the wife during her coverture, which would entitle the administrator to enter upon the land, and take the buildings. In the case of a lease, the tenant may remove buildings, erected on the demised premises in such a manner that they may be removed without injury to the soil. But if one erect buildings upon the land of another voluntarily, and without any contract, he may not remove them.

Decree affirmed

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Per Curiam.

The administrator cannot be held to account for the value of buildings erected upon land belonging to the wife of his intestate. There could be no contract with the wife during her coverture, which would entitle the administrator to enter upon the land, and take the buildings. In the case of a lease, the tenant may remove buildings, erected on the demised premises in such a manner that they may be removed without injury to the soil. But if one erect buildings upon the land of another voluntarily, and without any contract, he may not remove them.

Decree affirmed

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Bluebook (online)

16 Mass. 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washburn-v-sproat-mass-1820.

Opinion

Related

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