Whitney v. Union Railway
Massachusetts Supreme Judicial Court
Bill in equity, filed at April term 1857, alleging that the plaintiff' for forty years had been seised in fee of certain lands in Cambridge; that she had incurred great expense in procuring a survey and plans thereof, and constructing and grading streets thereon, intending the same for private residences; that on the 10th of September 1851 she sold and conveyed by warranty deed (duly recorded) to Artemas White a lot of this land, subject to these restrictions : “ That if the…
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Bill in equity, filed at April term 1857, alleging that the plaintiff' for forty years had been seised in fee of certain lands in Cambridge; that she had incurred great expense in procuring a survey and plans thereof, and constructing and grading streets thereon, intending the same for private residences; that on the 10th of September 1851 she sold and conveyed by warranty deed (duly recorded) to Artemas White a lot of this land, subject to these restrictions : “ That if the said Artemas White, his heirs or assigns, shall suffer any building to stand or be erected within ten feet of Lambert…
1Opinion of the CourtBigelow, J.
The claim of the plaintiff to equitable relief rests mainly on the validity of the restrictions contained in her deed to Artemas White of September 10th 1851, under which the defendants hold the estate described in the bill. By the facts stated in the bill and admitted by the demurrer, it appears that the plaintiff was originally the owner in fee of a large tract of land, which she caused to be surveyed and laid out in lots, with suitable ways or streets affording convenient access thereto, intending to sell them to be used and occupied by private dwellings. One of these lots she sold and…
2Cases cited2 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Barrow v. RichardNew York Court of Chancery · 1840
3Cited by8 opinions
- Martin v. HolmCalifornia Supreme Court · 1925
- Town of Stamford v. VuonoSupreme Court of Connecticut · 1928
- Bauby v. KrasowSupreme Court of Connecticut · 1927
- Virginian Railway Co. v. AvisSupreme Court of Virginia · 1919
- Russell v. Palos Verdes PropertiesCalifornia Court of Appeal · 1963
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