McCusker v. Goode
Massachusetts Supreme Judicial Court
Bill in equity, filed July 19,1902, by the owner of a lot of land on Townsend Street in that part of Boston called Roxbury, to enjoin the defendant Goode from selling a lot of land belonging to him on the same street without inserting in the deed thereof certain restrictions, and the defendant Norcross, trustee, from selling the same lot under the power of sale in a certain mortgage without inserting in the deed the same restrictions, and for a decree declaring the lot in…
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Bill in equity, filed July 19,1902, by the owner of a lot of land on Townsend Street in that part of Boston called Roxbury, to enjoin the defendant Goode from selling a lot of land belonging to him on the same street without inserting in the deed thereof certain restrictions, and the defendant Norcross, trustee, from selling the same lot under the power of sale in a certain mortgage without inserting in the deed the same restrictions, and for a decree declaring the lot in question to be subject to the restrictions. In the Superior Court the case was heard by Mason, C. J., who made a decree…
1Opinion of the CourtKnowltoit, C. J.
This is a bill in equity brought to enforce certain restrictions upon the use of the defendants’ land. The bill was dismissed and the plaintiff appealed. The testimony was heard orally by the presiding judge, and was reported by a commissioner and made a part of the record which came to this court.
The evidence tended to show, and we infer that the judge found, that neither of the defendants had any notice of facts on which the claim is founded, except that which appeared of record in the registry of deeds. There is nothing in the report to indicate that this finding was erroneous. The…
2Cases cited6 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Hancock v. GummSupreme Court of Georgia · 1921
- Popponesset Beach Ass'n v. MarchilloMassachusetts Appeals Court · 1996
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