Attorney General v. Algonquin Club
Massachusetts Supreme Judicial Court
Information in equity, at the relation of the Harbor and Land Commissioners, for the removal or alteration of certain portions of the defendant’s club-house, situated upon Common-wealth Avenue in Boston, which were alleged to violate the restrictions in a deed from the Commonwealth under which the defendant derived its title. Hearing before Holmess J., who reported the case for the determination of the full court. The facts appear in the opinion.
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Information in equity, at the relation of the Harbor and Land Commissioners, for the removal or alteration of certain portions of the defendant’s club-house, situated upon Common-wealth Avenue in Boston, which were alleged to violate the restrictions in a deed from the Commonwealth under which the defendant derived its title. Hearing before Holmess J., who reported the case for the determination of the full court. The facts appear in the opinion. The case was argued at the bar in January, 1891, and in the March following was' submitted on the briefs to all the judges.
1Opinion of the CourtC. Allen, J.
The general provision in the deeds under which the defendant holds its title is, that “ the front wall of any building erected on the premises on Common wealth Avenue shall be set back twenty feet from said Commonwealth Avenue.” But in this reserved space of twenty feet “ steps, windows, porticos, and other usual projections appurtenant to said front wall, are to be allowed,” subject to certain limitations.
The first question arises upon the meaning of the words, “and other usual projections.” The general front wall of the defendant’s club-house, above the basement story, is set back twenty…
2Cases cited11 opinions
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