Beekman v. Schirmer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 24, 1920, to enjoin the defendant from erecting a greenhouse on his land on Monadnock Road in that part of Newton called Newton Centre, adjoining land of the plaintiff, in alleged violation of restrictions in the deed of the plaintiff’s land on Monadnock Road to him from the Trustees of the Newton Boulevard Syndicate, common source of the title of the parties to the suit.
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Bill in equity, filed in the Superior Court on July 24, 1920, to enjoin the defendant from erecting a greenhouse on his land on Monadnock Road in that part of Newton called Newton Centre, adjoining land of the plaintiff, in alleged violation of restrictions in the deed of the plaintiff’s land on Monadnock Road to him from the Trustees of the Newton Boulevard Syndicate, common source of the title of the parties to the suit. In the Superior Court, the suit was heard by Wait, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. The judge filed a memorandum of…
1Opinion of the CourtBraley, J.
The defendant, who owns two lots of land on one of which he has built and occupies a dwelling house, was erecting on the other lot a greenhouse to be used exclusively in. connection with his home, when the plaintiff, an adjoining owner and householder, brought suit to restrain its erection on the ground that the greenhouse was prohibited by certain equitable restrictions created for the benefit and protection of the plaintiff’s estate. The trial court dismissed the bill without costs, and the case is here on appeal.
*270The parties derive title from a common grantor described in the respective…
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