Williams v. Hart
Massachusetts Supreme Judicial Court
Bill in equity, filed February 25, 1873, for the specific performance of a provision in a deed conveying two parcels of land in Millville, executed May 14, 1853, by Dan Hill, of Blackstone, of whom the plaintiff is heir at law, and accepted by the South-bridge & Blackstone Railroad Company, grantee in the said deed.
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Bill in equity, filed February 25, 1873, for the specific performance of a provision in a deed conveying two parcels of land in Millville, executed May 14, 1853, by Dan Hill, of Blackstone, of whom the plaintiff is heir at law, and accepted by the South-bridge & Blackstone Railroad Company, grantee in the said deed. The granted premises were conveyed by the grantee to the Boston, Hartford & Erie Railroad, and were mortgaged by it to the defendants in this suit as trustees, who were in possession of the road for breach of condition in the mortgage. The nature of the bill appears in the…
1Opinion of the CourtEndicott, J.
The deed recites that the conveyance is made to enable the grantee to build its railroad over the land described, subject to certain provisions which are set forth. One of the provisions is that the grantee shall furnish to the grantor two crossings over the land conveyed and the railroad to be built thereon; one at grade and the other by a bridge at or near certain stations which are named, but “ the precise spots (where they shall be constructed) to be hereafter designated ” by the grantor. The bill alleges that the crossings were intended to provide passages across the railroad for the…
2Cited by5 opinions
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- Whitney v. Cheshire RailroadMassachusetts Supreme Judicial Court · 1911
- Audo v. Western Coal & Mining Co.Supreme Court of Kansas · 1917
- Reynolds v. ReynoldsSupreme Court of Vermont · 1902