Legal Opinion

Brande v. Grace

Massachusetts Supreme Judicial Court

Decided June 27, 1891PublishedCited by 40 opinions

Bill in equity, filed in the Superior Court on August 80, 1890, against James J. Grace and the American Protective League, to prevent the defendants from altering a building. The case was heard by Mason, J., and reported for the determination of this court, and was as follows.

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Bill in equity, filed in the Superior Court on August 80, 1890, against James J. Grace and the American Protective League, to prevent the defendants from altering a building. The case was heard by Mason, J., and reported for the determination of this court, and was as follows. The plaintiffs composed the firm of Brande and Soule, dentists ; and the defendant Grace was the lessee of premises numbered 181 Tremont Street, in Boston, which included a six-story building set back from twelve to fourteen feet from the sidewalk of that street. The unoccupied land between the building and the street…

1Opinion of the CourtAllen, J.

The determination of this case depends upon the proper application of rules of law, which of themselves are simple. “ The grant of anything carries an implication, that the grantee shall have all that is necessary to the enjoyment of the grant, so far as the grantor has power to give it.” Salisbury *212v. Andrews, 19 Pick. 250, 255. And in order to determine what is thus granted by implication,, the existing circumstances, and the actual condition and situation of that which is granted, may be looked at. Salisbury v. Andrews, 19 Pick. 250, 255.

The premises leased to the plaintiffs were described…

2Cases cited4 opinions

  1. Doyle v. . LordNew York Court of Appeals · 1876
  2. Keats v. HugoMassachusetts Supreme Judicial Court · 1874
  3. Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
  4. Salisbury v. AndrewsMassachusetts Supreme Judicial Court · 1880

3Cited by40 opinions

  1. Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
  2. Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
  3. Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
  4. Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
  5. Goldstein v. BealMassachusetts Supreme Judicial Court · 1945

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