Lawrence v. Smith
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on February 13, 1908. The case was heard on bill and answer by Hammond' J., who reserved it for determination by the full court, it being agreed that “the question of proper parties defendant is included in the reservation.” The facts are stated in the opinion.
1Opinion of the Court
• Rugg, J.
This is a proceeding in equity against the board of harbor and land commissioners, under R. L. c. 96, § 7, which provides that, “ If the Commonwealth has the right under stipulations in a deed given in its name to enter upon premises and, at the expense of the party at fault, to remove or alter a building, any of its grantees under similar deeds, their heirs, legal representatives or assigns may institute proceedings in equity to compel said board to enforce such stipulations.” It is conceded that the plaintiffs belong to the class enabled by this section to institute proceedings…
2Cases cited2 opinions
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1885
3Cited by15 opinions
- Bank of California v. Superior CourtCalifornia Supreme Court · 1940
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Bancroft v. CookMassachusetts Supreme Judicial Court · 1928
- Kilroy v. O'ConnorMassachusetts Supreme Judicial Court · 1949
- Sher v. SandlerMassachusetts Supreme Judicial Court · 1950
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