Massachusetts Supreme Judicial Court, 1901

Temple v. Morse

Temple v. Morse
Massachusetts Supreme Judicial Court · Decided March 16, 1901
178 Mass. 336

Temple v. Morse

Opinion of the Court

Per Curiam.

The estate conveyed to Phelps was a life estate. The warranty of the premises to Phelps and his heirs did not enlarge the grant. Blanchard v. Brooks, 12 Pick. 47, 67. Clanrickard v. Sidney, Hob. 273. The exception in the covenants against encumbrances in the later deed of Whitmore to Dadmun under which the plaintiff claims was not more extensive than the liability created by the deed to Phelps. At the date of the later deed Phelps was alive.

Exceptions overruled.

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