Parker v. Nightingale
Massachusetts Supreme Judicial Court
Bill in equity, setting forth that before the erection of houses upon Hayward Place in the city of Boston, the land upon and adjoining the same was owned by Lemuel Hayward; that upon his decease it was arranged among his heirs that the said land should be laid out into a court or street, to be occupied exclusively for dwelling-houses; that for this purpose the land was surveyed and laid out into a court, with house lots of convenient size, and numbered, following the course…
Read the full summary
Bill in equity, setting forth that before the erection of houses upon Hayward Place in the city of Boston, the land upon and adjoining the same was owned by Lemuel Hayward; that upon his decease it was arranged among his heirs that the said land should be laid out into a court or street, to be occupied exclusively for dwelling-houses; that for this purpose the land was surveyed and laid out into a court, with house lots of convenient size, and numbered, following the course of the court; that this agreement was made to facilitate the sale and enhance the value of the lots, by rendering them…
1Opinion of the CourtBigelow, C. J.
A court of chancery will recognize and enforce agreements concerning the occupation and mode of use of real estate, although they are not expressed with technical accuracy, as exceptions or reservations out of a grant not binding as covenants real running with the land. Nor is it at all material that such stipulations should be binding at law, or that any privity of estate should subsist between parties in order to render them obligatory, and to warrant equitable relief in case of their infraction. A covenant, though in gross at law, may nevertheless be binding in equity, even to the extent…
2Cited by3 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Runyon v. PaleySupreme Court of North Carolina · 1992
- Farm Food Stores, Inc. v. GianeschiAppellate Court of Illinois · 1943