habendum clause (Massachusetts) · Go Syfert
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habendum clause in Massachusetts

5 Massachusetts opinions name it 2 courts 1935–1992 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Bourgeois v. Hurleygreen
massappct · 1979 · cited in 1 Massachusetts opinions naming this issue, 1992–1992
1 sentence

1992See Bourgeois v. Hurley, 8 Mass. App. Ct. 213, 218 (1979).

11
Boston & Providence Railroad v. Old Colony Railroadgreen
mass · 1929 · cited in 1 Massachusetts opinions naming this issue, 1942–1942
1 sentence

1942See Boston & Providence Railroad v. Old Colony Railroad, 269 Mass. 190, 198-199 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Proprietors of Locks & Canals on Merrimack River v. Boston & Maine Railroad green
mass · 1923
1 sentence

1961In Proprietors of Locks & Canals on Merrimack River v. Boston & Maine R.R. 245 Mass. 52 , the present petitioner brought a writ of entry against the Railroad, unsuccessfully contending that the consolidation of Boston and Lowell Railroad Corporation and Boston and Maine Railroad had caused the lease to expire by its own limitation.

11961–1961
Dyer v. Siano green
mass · 1937
1 sentence

1961The decision interpreted that portion of the habendum clause which we are considering, as giving the Railroad “a base, qualified or determinable fee, to end without entry or action” (Dyer v. Siano, 298 Mass. 537, 539-540 ) whenever should occur *638 one of two events, in this instance failure “to pay said rent for the space of one year after the same shall become due. ’ ’ Armour makes no effort to distinguish the decision in 245 Mass, and, indeed, does not even cite it.

11961–1961
Boston Molasses Co. v. Molasses Distributors Corp. green
mass · 1931
1 sentence

1939Boston Molasses Co. v. Molasses Distributors Corp. 274 Mass. 589, 594 .

11939–1939
Alfano v. Donnelly green
mass · 1934
1 sentence

1939It has not been suggested that we should not construe the written instrument as a lease or that we should not give effect to the provision in it that “This instrument shall be construed as a lease and not merely as a license.” See Alfano v. Donnelly, 285 Mass. 554, 557 .

11939–1939
Hoag v. Hoag green
mass · 1912
1 sentence

1935Hoag v. Hoag, 213 Mass. 50, 53-54 .

11935–1935

Where else courts name it

TX 125 (1893–2026) OK 52 (1919–2023) OH 36 (1921–2024) CA 31 (1860–2021) AL 31 (1883–2018) PA 28 (1915–2025) NY 27 (1852–2015) GA 23 (1899–2015) KY 23 (1895–2023) KS 23 (1899–2021) NC 21 (1908–2010) IL 19 (1899–1987) TN 19 (1921–2024) MD 17 (1910–2009) MO 16 (1883–2024) IN 15 (1893–2023) AR 13 (1915–1975) WV 11 (1896–2016) WA 10 (1915–2007) VT 8 (1865–2026) SC 8 (1907–2006) CO 7 (1904–2021) MT 7 (1926–2008) MI 7 (1897–2014) ND 7 (1977–2024) LA 6 (1938–2012) CT 6 (1895–2019) NJ 5 (1845–1989) MA 5 (1935–1992) NE 5 (1958–1993) OR 5 (1905–2021) NM 4 (1931–2026) ME 4 (1960–2012) IA 4 (1877–2003) WI 4 (1902–1945) WY 3 (1981–1994) UT 3 (1999–2012) VA 2 (1913–1969) HI 2 (1910–2018) DE 2 (1949–1982)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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