Jewell v. Lee
Massachusetts Supreme Judicial Court
Bill in equity filed March 1st, 1866, to restrain the defendant from erecting a dwelling-house upon a lot of land upon the southerly side of Orient Street in Swampscott, and to obtain a decree ordering him to remove all erections and structures of any kind which might be found to be in violation of the condition of a certain deed, as hereinafter set forth.
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Bill in equity filed March 1st, 1866, to restrain the defendant from erecting a dwelling-house upon a lot of land upon the southerly side of Orient Street in Swampscott, and to obtain a decree ordering him to remove all erections and structures of any kind which might be found to be in violation of the condition of a certain deed, as hereinafter set forth. Upon the pleadings and report of Chapman, J., the case appeared to be as follows: On the 15th of May 1856, John D. Bates, being the owner of land lying on both sides of Orient Street, conveyed to Stephen H. Wardwell and Eben N. Wardwell the…
1Opinion of the CourtBigelow, C. J.
The main ground on which the plaintiff rests his claim to equitable relief is, that the condition annexed by the original owner and grantor to his grant of the entire tract of land, of which the plaintiff and defendant now by mesne conveyances severally hold distinct parcels, constitutes a perpetual restriction on the use of the part now owned by the defendant, in the nature of a servitude or easement, on the observance of which the plaintiff, as the owner of the other part of the original parcel, has a right to insist.
It is doubtless true that such may be the effect of a condition in a class…
2Cases cited1 opinion
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
3Cited by5 opinions
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- Landell v. HamiltonSupreme Court of Pennsylvania · 1896
- Craven County v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1953
- Baker v. LundeSupreme Court of Connecticut · 1921
- Weiser v. FreemanSupreme Court of Pennsylvania · 1909