Old South Ass'n v. Codman
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 2, 1908, and a supplemental bill filed on May 3, 1911, to enforce an agreement to pay rent for an easement of light and air under the terms of an indenture described below.
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Bill in equity, filed in the Superior Court on July 2, 1908, and a supplemental bill filed on May 3, 1911, to enforce an agreement to pay rent for an easement of light and air under the terms of an indenture described below. By an order made upon the supplemental bill Moses Williams, Jr., and Francis R. Bangs were made defendants as the trustees of the Old South Building Association and as such trustees the successors to all the property and rights previously held by the trustees of the Old South Building Trust. In the Superior Court the case was heard by Pierce, J., on the bill, answer and…
1Opinion of the CourtRugg, C. J.
The plaintiff, being the owner in fee of certain open land next to the Old South Meeting House on Washington Street in Boston and the predecessors in trust of the defendants being the owners of an adjacent large office building then in process of construction and since completed, made an indenture by which the plaintiff granted to the trustees for a term of years “an easement of uninterrupted light and air over the premises hereinafter described above the level of the grass plot on the northerly side of the tower of the Old South Meeting House and the right to project over not exceeding five…
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