Goulding v. Phinney
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 3,1916, by the owner of a lot on Massasoit Avenue in the town of Oak Bluffs against an adjoining owner to compel the removal of a structure alleged to have been erected in violation of a restriction in deeds from the Oak Bluffs Land and Wharf Company, a corporation which was the common source of the titles of the plaintiff and of the defendant. In the Superior Court the suit was referred to a master.
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Bill in equity, filed in the Superior Court on October 3,1916, by the owner of a lot on Massasoit Avenue in the town of Oak Bluffs against an adjoining owner to compel the removal of a structure alleged to have been erected in violation of a restriction in deeds from the Oak Bluffs Land and Wharf Company, a corporation which was the common source of the titles of the plaintiff and of the defendant. In the Superior Court the suit was referred to a master. Findings of the master as to the deed of release by the Oak Bluffs Land and Wharf Company to the defendant, dated September 22, 1916, and as…
1Opinion of the CourtDe Courcy, J.
The plaintiff owns a lot on Massasoit Avenue in the town of Oak Bluffs adjoining the lot of the defendant. Both derive title from the Oak Bluffs Land and Wharf Company, through intervening parties. Among the restrictions contained in the original deeds from the company, and referred to in all the mesne conveyances, is this: “No building shall be erected within ten feet of the front line, nor within five feet of the side lines of said lot.” In 1916 the defendant built an addition to her house which admittedly comes within five feet of the side line. This suit was brought to compel the removal…
2Cases cited8 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
- Riverbank Improvement Co. v. ChadwickMassachusetts Supreme Judicial Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Edwards v. WisemanSupreme Court of Louisiana · 1941
- Wallace v. St. ClairWest Virginia Supreme Court · 1962
- Deitrick v. LeadbetterSupreme Court of Virginia · 1940
- Allen v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1924
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