CUMMINGS v. WAJDA


325 Mass. 242 (1950)

90 N.E.2d 337

JOHN O. CUMMINGS vs. ROSE WAJDA.

Supreme Judicial Court of Massachusetts, Essex.

February 2, 1950.


Attorney(s) appearing for the Case

G. Karelitz, (J.S. Cohen with him,) for the defendant.

F.C. Zacharer, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


QUA, C.J.

This action of summary process was brought in a District Court under G.L. (Ter. Ed.) c. 239, § 1, as amended by St. 1941, c. 242, § 1, to recover possession of a house and garage in Amesbury. From a judgment for the plaintiff the defendant "duly" appealed to the Superior Court, which reported the case without decision upon a case stated.

In 1940 the defendant and her husband, Frank Wajda, acquired the title by deed "as joint tenants." This...

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