Daly v. Foss
Massachusetts Supreme Judicial Court
Thebe bills I$r equity, filed in the Supreme Judicial Court, the first two on July 30,1907, and the third on August 5, 1907, to restrain the defendant Foss from allowing his building on the southerly side of Newbury Street, the erection of which as an automobile garage was declared in Evans v. Foss, 194 Mass. 513, to be in violation of the restrictions on his land, to be any longer maintained as such garage and to restrain the defendant Locomobile Company of America from any…
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Thebe bills I$r equity, filed in the Supreme Judicial Court, the first two on July 30,1907, and the third on August 5, 1907, to restrain the defendant Foss from allowing his building on the southerly side of Newbury Street, the erection of which as an automobile garage was declared in Evans v. Foss, 194 Mass. 513, to be in violation of the restrictions on his land, to be any longer maintained as such garage and to restrain the defendant Locomobile Company of America from any longer making use of that building as a garage. The three cases were heard together by Loring, J., whose findings are…
1Opinion of the CourtKnowlton, C. J.
These three cases are brought to restrain alleged violations of restrictions contained in deeds of real estate, and the maintenance and use of a building as a garage, on New-bury Street in Boston. The lot and the building of the defendants are the same referred to in the case of Evans v. Foss, 194 Mass. 513. The title of the defendants, except to a small triangular piece of land which is not affected by the restrictions, is the same as it was shown to be in that case, and the titles of the several plaintiffs are derived from the same sources, include the same rights, and are subject to the…
2Cases cited6 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
- Attorney General v. GardinerMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
6 more not listed; retrieve them via the Exa API.