Tobey v. Moore
Massachusetts Supreme Judicial Court
Bill in equity, filed December 11, 1879, to restrain the defendant from putting up a building on his land, situated on the east corner of Main Street and Trowbridge Street in Cambridge.
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Bill in equity, filed December 11, 1879, to restrain the defendant from putting up a building on his land, situated on the east corner of Main Street and Trowbridge Street in Cambridge. The case was heard, on the pleadings and proofs, by Morton, J., who reported the following case for the consideration of the full court: All the parties to the suit derive their title, by mesne conveyances from Charles C. Little and James Brown, to whom, in 1850, Richard H. Dana conveyed four lots of land, including the lands now owned by the plaintiffs and the defendant, bounded on Main Street about three…
1Opinion of the CourtGray, C. J.
The rule against perpetuities, which governs limitations over to third persons to take effect in the future, has never been held applicable to conditions, a right of entry for the breach of which is reserved to the grantor or devisor and his heirs, and may be released by him or them at any time. Sugd. Vend. (14th ed.) 596. Gray v. Blanchard, 8 Pick. 284. Austin v. Cambridgeport Parish, 21 Pick. 215. Brattle Square Church v. Grant, 3 Gray, 142,148, 161. French v. Old South Society, 106 Mass. 479. Cowell v. Springs Co. 100 U. S. 55.
But this case does not require us to consider whether there are…
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