Clark v. Lee
Massachusetts Supreme Judicial Court
Bill in equity, filed April 28, and amended June 15, 1903, to enforce an equitable restriction imposed by a certain deed on the defendant’s house lot on Walnut Street in Brookline. The case, came on to be heard before Morton, J., and, at the request of the parties, was reserved upon the bill,, answer, facts admitted, photographs and plans for determination by the full court, such disposition to be made of it as to the full court should seem meet.
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Bill in equity, filed April 28, and amended June 15, 1903, to enforce an equitable restriction imposed by a certain deed on the defendant’s house lot on Walnut Street in Brookline. The case, came on to be heard before Morton, J., and, at the request of the parties, was reserved upon the bill,, answer, facts admitted, photographs and plans for determination by the full court, such disposition to be made of it as to the full court should seem meet. The plaintiff and the defendant were the owners of adjoining lots on Walnut Street in Brookline, both originally owned by the defendant. The…
1Opinion of the CourtLathrop, J.
In the defendant’s deed to the plaintiff’s grantor, it was provided that, on the defendant’s remaining land, lying southerly of the land conveyed, no dwelling or other house or building or any part thereof or projection therefrom should be built thereon within sixty-five feet of the easterly line of Walnut Street, or within fifteen feet of the southerly line of the premises conveyed; and that not more than one house and no house except a single detached dwelling house should be erected thereon. We regret that we have not been furnished with a copy of the deed, which should have been annexed…
2Cases cited1 opinion
- Nowell v. Boston Academy of Notre DameMassachusetts Supreme Judicial Court · 1881
3Cited by14 opinions
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- Commonwealth v. AtlasMassachusetts Supreme Judicial Court · 1923
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- Jenney v. HynesMassachusetts Supreme Judicial Court · 1934
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