Lowell Institution for Savings v. City of Lowell
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed February 23, 1888, to prevent the defendant from building upon a lot of land adjoining that of the plaintiff. The ease was heard by Holmes, J., who reported it for the consideration of the full court, and was as follows.
Read the full summary
Bill in EQUITY, filed February 23, 1888, to prevent the defendant from building upon a lot of land adjoining that of the plaintiff. The ease was heard by Holmes, J., who reported it for the consideration of the full court, and was as follows. In 1839 the Proprietors of Locks and Canals on Merrimack River, from which corporation both parties derived title, owned a tract of vacant land in the vicinity of Middle Street in Lowell, and in its deeds of the same generally inserted, in pursuance of a scheme of improvement, a provision that no building more than twelve feet high should ever be erected…
1Opinion of the CourtC. Allen, J.
The burden of proof is on the plaintiff to show, from the terms of the grant to the defendant, or from the situation and circumstances, that it was the intention of the grantor in inserting the condition to create a servitude or right which should inure to the benefit of the lot of land now owned by the plaintiff, and which should be annexed to it as an appurtenance. Beals v. Case, 138 Mass. 138, and cases there cited. If such a servitude was imposed for the benefit of the lot now owned by the plaintiff, it must have been at the time of the grant to the defendant. Nothing that has happened…
2Cases cited3 opinions
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- Beals v. CaseMassachusetts Supreme Judicial Court · 1884
3Cited by21 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Berryman v. Hotel Savoy CompanyCalifornia Supreme Court · 1911
- Bauby v. KrasowSupreme Court of Connecticut · 1927
- Stevenson v. SpiveySupreme Court of Virginia · 1922
16 more not listed; retrieve them via the Exa API.