Dorr v. Harrahan
Massachusetts Supreme Judicial Court
Bill in equity, filed June 3,1868, by the original owners of a tract of land on Davis Street in Boston, comprising nine lots, and by the present owners of six of the lots, for themselves and in behalf of those owners of the other lots who might join in the suit, to enforce against the defendant, who was owner of one of the lots, the original restrictions subject to which all the lots were conveyed.
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Bill in equity, filed June 3,1868, by the original owners of a tract of land on Davis Street in Boston, comprising nine lots, and by the present owners of six of the lots, for themselves and in behalf of those owners of the other lots who might join in the suit, to enforce against the defendant, who was owner of one of the lots, the original restrictions subject to which all the lots were conveyed. Upon the filing of the bill, an interlocutory injunction was issued ; and the following case was afterwards reserved by Colt, J., for the determination of the full court. It was agreed by the…
1Opinion of the CourtAmes, J.
This case closely resembles in many respects the preceding one of Linzee v. Mixer, ante, 512, and falls within the same rule. The grantee in each case holds only a qualified and limited title, and is carefully restricted as to the kind of building that he shall erect, and the use that he shall make of it. In each case, he is endeavoring to get rid of the condition which made a material part of the title that he purchased and accepted, and to acquire a larger title than his deed gives him. In this case, there has been nothing on the part of the grantors bearing any resemblance to acquiescence,…
2Cited by18 opinions
- Moore v. StevensSupreme Court of Florida · 1925
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Tobey v. MooreMassachusetts Supreme Judicial Court · 1881
- Carr v. RileyMassachusetts Supreme Judicial Court · 1908
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
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