Allen v. Massachusetts Bonding & Insurance

This is a suit in equity to prevent, by the enforcement of an alleged restriction, the erection on land of the defendant of a building so constructed that its cellar or lower floor will be placed “ more than four feet below the level of the Mill Dam, as fixed by the top surface of the hammered stone at the southeasterly corner of the emptying sluices.” These words are quoted from deeds from the Commonwealth as grantor under which through mesne conveyances the plaintiffs and the defendant claim their titles. Translated into modern terms the grade thus established is twelve feet above mean low…