Legal Opinion

Ware v. Smith

Massachusetts Supreme Judicial Court

Decided March 31, 1892PublishedCited by 4 opinions

Bill in equity, filed on November 23, 1887, to enjoin the defendant from placing a dwelling-house on a certain portion of a parcel of land while there was a dwelling-house on another portion of the same. At the hearing in this court, before Knowlton, J., the following facts appeared.

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Bill in equity, filed on November 23, 1887, to enjoin the defendant from placing a dwelling-house on a certain portion of a parcel of land while there was a dwelling-house on another portion of the same. At the hearing in this court, before Knowlton, J., the following facts appeared. In June, 1874, the plaintiff conveyed a parcel of land in fee simple to one Waterman, by a deed containing the following provisions: “ This conveyance is made subject to the restriction and obligation, to be binding upon the said Waterman, his heirs and assigns, and all persons who shall ever hold the granted…

1Opinion of the CourtMorton, J.

Even if we adopt the construction of the restriction in the deed from the petitioner to Waterman for which the former contends, we do not see that it will help him. That deed was made and delivered in June, 1874. Within a month or two after the conveyance, Waterman built a dwelling-house on the southeasterly portion of the lot. Within a year or two after that, he built another dwelling-house on the northwesterly portion of the lot. Waterman conveyed the southeasterly portion of the lot with the dwelling-house to one Caroline M, Barnard, in fee simple, and in 1885 it was conveyed with the…

2Cases cited3 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
  3. Royal Bank of Liverpool v. Grand Junction Railroad & Depot Co.Massachusetts Supreme Judicial Court · 1878

3Cited by4 opinions

  1. Johnson v. RobertsonSupreme Court of Iowa · 1912
  2. St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
  3. Siano v. MartinelliMassachusetts Appeals Court · 1981
  4. CowanMassachusetts Land Court · 1901

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