Davidson v. Sohier
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on January 3, 1912, for the registration of land at the corner of St. Mary’s Street and Beacon Street in Boston., The respondents Emily L. and Mary D. Sohier objected to any decree permitting the erection of a building more than four feet deeper than the rear wall of their house, relying on the following restriction, contained in the deed of the trustees under the will of John W. Shapleigh to the petitioner’s predecessor in title: “That the…
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Petition, filed in the Land Court on January 3, 1912, for the registration of land at the corner of St. Mary’s Street and Beacon Street in Boston., The respondents Emily L. and Mary D. Sohier objected to any decree permitting the erection of a building more than four feet deeper than the rear wall of their house, relying on the following restriction, contained in the deed of the trustees under the will of John W. Shapleigh to the petitioner’s predecessor in title: “That the house first erected on said parcel 'of land at the northeast corner of said Beacon Street and Saint Mary’s Street shall…
1Opinion of the CourtRugg, C. J.
One Shapleigh in 1890 owned seven contiguous lots on the northerly side of Beacon Street. The one on the corner of St. Mary’s Street was vacant. A block of four houses stood on the four lots next to the corner, which Shapleigh had erected, all having a similar depth from Beacon Street. In that year he sold the house and lot next but one to the corner to the respondents, delivering at the same time with the deed a letter signed by himself, in which he said:
“As one of the considerations of your purchase from me of the house on the northerly side of Beacon Street near Saint Mary’s Street, I…
2Cases cited4 opinions
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- Smith v. BradleyMassachusetts Supreme Judicial Court · 1891
- Noyes v. CushingMassachusetts Supreme Judicial Court · 1911
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