Supreme Judicial Court of Massachusetts
55 N.E.2d 945 (Mass. 1944)
In 1941, the Killams (plaintiffs) purchased registered land from the MacDonalds. The local registry office issued them a certificate of title. The certificate noted that the land was subject to a mortgage and to sewer assessments, but listed no other encumbrances. The Marches (defendants) owned land directly to the east of the Killams’ land. In 1938, the MacDonalds leased a driveway and garage on their land to the Marches for 25 years. The Killams knew of the lease before they purchased the land. They brought an action to clear their title to the land. The trial court found that their title to the land was subject to the Marches’ lease, and the Killams appealed.
Rule of Law
Holding and Reasoning (Spalding, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.