Dana v. Wentworth
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant from building a house upon his land on Auburn Street in Cambridge, within eight feet of the street.
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Bill in equity to restrain the defendant from building a house upon his land on Auburn Street in Cambridge, within eight feet of the street. The case, as it appeared from the pleadings and agreed facts, upon which it was reserved by Morton, J., for the consideration of the full court, was as follows: The plaintiff, in 1834, conveyed to John Nudd a parcel of land in Cambridge, bounded north on Magazine Street, east on land of John McDuffie, south on other land of the plaintiff, and west on Auburn Street, upon the condition “ that the grantee, nor hia heirs or assigns, will not at any time…
1Opinion of the CourtGbay, J.
The clause in the deed from the plaintiff to Nudd, restricting building on the land thereby conveyed, is in the form of a condition; as a condition, it can only be taken advantage of by the grantor, and at common law; and this bill is not framed to enforce a forfeiture for breach of condition.
The plaintiff does not show that since that conveyance she is the owner of any land which may be affected by a disregard of the restriction. She is not therefore entitled to ask a court of equity to enforce the restriction for her own benefit.
Nor can the bill be maintained, even by treating it, as it was…
2Cited by20 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
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