Jeffries v. Jeffries
Massachusetts Supreme Judicial Court
The first CASE was a bill in equity to enforce specific performance by the defendant of an agreement in writing for the purchase of a house and lot of land in Boston, extending from Chestnut Street to Mount Vernon Street. The answer set up that the title was incumbered by a condition or restriction which prevented the erection of any building of a greater height than thirteen feet, upon that part of the land abutting on Mount Vernon Street.
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The first CASE was a bill in equity to enforce specific performance by the defendant of an agreement in writing for the purchase of a house and lot of land in Boston, extending from Chestnut Street to Mount Vernon Street. The answer set up that the title was incumbered by a condition or restriction which prevented the erection of any building of a greater height than thirteen feet, upon that part of the land abutting on Mount Vernon Street. Hearing before Morton, J., who reserved the case for the consideration of the full court on the bill, answer and an agreed statement of facts. The nature…
1Opinion of the CourtWells, J.
In 1806, these premises, with two other similar parcels adjoining upon either side, each having a house fronting upon Chestnut Street, and a stable in the rear, were held in trust for the use of Mrs. Hepzibah C. Swan, with power to dispose of the whole or any part in fee by deed of appointment or by will. She exercised the power in favor of her three daughters, conveying one of these three houses and lots to each, in three successive years, inserting in each deed the clause, “ provided that the roof of the aforesaid stable shall never be raised' more than thirteen feet above Olive Street ” —…
2Cases cited5 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Dana v. WentworthMassachusetts Supreme Judicial Court · 1873
3Cited by58 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
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