Stewart v. Finkelstone
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court by James E. Stewart and Sidney H. Buttrick on March 27, 1907, and amended on May 23,1907, in which Barnet Finkelstone and the Conveyancers’ Title Insurance Company were defendants and the plaintiffs sought a mandatory injunction directing the defendants to remove such part of a building on certain land on that part of Massachusetts Avenue formerly Chester Street in Boston, which was owned by the defendant Finkelstone and…
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Bill in equity, filed in the Supreme Judicial Court by James E. Stewart and Sidney H. Buttrick on March 27, 1907, and amended on May 23,1907, in which Barnet Finkelstone and the Conveyancers’ Title Insurance Company were defendants and the plaintiffs sought a mandatory injunction directing the defendants to remove such part of a building on certain land on that part of Massachusetts Avenue formerly Chester Street in Boston, which was owned by the defendant Finkelstone and was mortgaged to the defendant insurance company, as was in violation of certain building restrictions, which the city of…
1Opinion of the CourtRugg, J.
This is a suit in equity brought to enforce compli*34anee with certain restrictions as to buildings imposed in 1850 in deeds of the several lots comprising a considerable tract in the south end of Boston as part of a general plan for their common benefit. The restrictions ás to the character and extent of building were in perpetuity and among other matters prohibited the erection of a building nearer than ten feet to the street line and over the rear of the lot. No question is made that the defendant* violated these two restrictions by the construction of a building commenced in March, 1906.…
2Cases cited25 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
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3Cited by122 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Casriel v. KingSupreme Court of New Jersey · 1949
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
- Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
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