Chase v. Walker
Massachusetts Supreme Judicial Court
Petition, filed January 25,1894, as amended, under St. 1889, c. 442, against Mary L. Walker, W. Eliot Fette, Frances W. Simpson, Ralph B. Williams, and Henry P. Bowditch, alleging that the petitioner was in possession of and seised in fee simple of a parcel of land, with the buildings thereon, situated on Chestnut Street in Boston, and subject to the conditions touching the east wall of the estate set forth in a covenant made between Cornelius Coolidge and Titus Welles and…
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Petition, filed January 25,1894, as amended, under St. 1889, c. 442, against Mary L. Walker, W. Eliot Fette, Frances W. Simpson, Ralph B. Williams, and Henry P. Bowditch, alleging that the petitioner was in possession of and seised in fee simple of a parcel of land, with the buildings thereon, situated on Chestnut Street in Boston, and subject to the conditions touching the east wall of the estate set forth in a covenant made between Cornelius Coolidge and Titus Welles and others, on March 6, 1826, the material portion of which is as follows: “ That neither I nor my heirs or assigns, or…
1Opinion of the CourtAllen, J.
It is quite plain that the literal construction which is contended for by the petitioner could not have been in the minds of the parties to the covenant. Under that construction, the covenantor might at once have erected a building or wall directly abutting upon the existing wall, and carried it up as high as he saw fit. Such a construction would lead to an absurd consequence. So far as light and air were concerned, there would have been no practical difference to the covenantees between such a structure and carrying up the existing wall. It cannot be supposed that this covenant was given and…
2Cases cited4 opinions
- Oates v. National BankSupreme Court of the United States · 1879
- Canal Co. v. HillSupreme Court of the United States · 1872
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
3Cited by7 opinions
- American Unitarian Ass'n v. MinotMassachusetts Supreme Judicial Court · 1904
- New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
- Maddalena v. BrandMassachusetts Appeals Court · 1979
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1899
- Brown v. O'BrienMassachusetts Supreme Judicial Court · 1897
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