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Killam v. March

Supreme Judicial Court of Massachusetts
55 N.E.2d 945 (Mass. 1944)


Facts

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

Issue

Holding and Reasoning (Spalding, J.)

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