McArthur v. Hood Rubber Co.
Massachusetts Supreme Judicial Court
Bill m equity, filed in the Superior Court on June 15, 1914, and afterwards amended, by the owners of some of the lots of land designated on a recorded plan of “Norwood Park,” so called, in Watertown, for the removal of an alleged cloud upon their title consisting of certain restrictions described in the opinion.
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Bill m equity, filed in the Superior Court on June 15, 1914, and afterwards amended, by the owners of some of the lots of land designated on a recorded plan of “Norwood Park,” so called, in Watertown, for the removal of an alleged cloud upon their title consisting of certain restrictions described in the opinion. The bill was against thirty-five defendants, alleged to be all of the owners of the other lots marked on the plan excepting such as had covenanted with the plaintiffs that the restrictions should be treated as having “come to an absolute end.” Twelve of the defendants assented in…
1Opinion of the CourtRugg, C. J.
This is a suit in equity brought to remove a cloud from and to quiet and establish the title to certain real estate of the plaintiffs in Watertown.
1. The first question presented is whether the Superior Court has jurisdiction of a suit of this sort. Proceedings to quiet title and to remove clouds from titles constitute a well recognized branch of equity. Clouston v. Shearer, 99 Mass. 209. Frost v. Spitley, 121 U. S. 552, 556. By St. 1904, c. 448, exclusive and original jurisdiction was conferred on the Land Court both at law and in equity, among other matters, of “petitions to determine the…
2Cases cited16 opinions
- Frost v. SpitleySupreme Court of the United States · 1887
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Rogers v. NicholsMassachusetts Supreme Judicial Court · 1904
- Inhabitants of Enfield v. WoodsMassachusetts Supreme Judicial Court · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Colón Padilla v. San Patricio Corp.Supreme Court of Puerto Rico · 1959
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Osius v. BartonSupreme Court of Florida · 1933
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Osius v. BartonSupreme Court of Florida · 1933
37 more not listed; retrieve them via the Exa API.