DOWD v. CAPETOWN HOUSE, INC.


353 Mass. 244 (1967)

230 N.E.2d 911

LILLIAN F. DOWD vs. CAPETOWN HOUSE, INC. & another.

Supreme Judicial Court of Massachusetts, Barnstable.

November 6, 1967.


Attorney(s) appearing for the Case

Arthur M. Gilman (David G. Hanrahan with him) for the defendants.

Philip M. Cronin for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


CUTTER, J.

Under G.L.c. 185, § 1 (k), Dowd sought in the Land Court against the corporate defendant (Capetown) and one Nickerson a decree cancelling a ninety-nine year recorded lease by her to Capetown of premises in Barnstable. The case was referred to a master. The facts are stated on the basis of his findings and conclusions.

Dowd was a half owner of Capetown's stock. Nickerson owned the other half of the stock. In 1958, in return for his half interest...

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