Carr v. Riley
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on June 2,1906, and amended on May 31, 1907, by the owners of house lots and the houses thereon in a certain block on Bay State Road in Boston, deriving their title either by direct or mesne conveyances from the Riverbank Improvement Company, which imposed certain restrictions on the land, and also by that corporation itself, against the owner of a similar lot in the same block with a house thereon numbered 310, and the…
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Bill in equity, filed in the Supreme Judicial Court on June 2,1906, and amended on May 31, 1907, by the owners of house lots and the houses thereon in a certain block on Bay State Road in Boston, deriving their title either by direct or mesne conveyances from the Riverbank Improvement Company, which imposed certain restrictions on the land, and also by that corporation itself, against the owner of a similar lot in the same block with a house thereon numbered 310, and the sister of such owner, both of them being physicians, to restrain them from using the building as a hospital. The case was…
1Opinion of the CourtHammond, J.
The first two restrictions contained in the deed from the Riverbank Improvement Company to Whitwell, under whom the defendants claim, are as follows: “1st. No buildings other than dwelling houses (which word shall include club houses), with the usual outbuildings appurtenant thereto, shall be erected, placed or used upon the said land. No stable of any kind, private or otherwise, shall be erected or maintained on any portion of said land. No building erected on this land shall be used, as an apartment house, family hotel or flats, or in design or construction be fitted for occupancy by more…
2Cases cited3 opinions
- Thomas v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1894
- Dorr v. HarrahanMassachusetts Supreme Judicial Court · 1869
- Stone v. PillsburyMassachusetts Supreme Judicial Court · 1897
3Cited by24 opinions
- Veazey Drug Co. v. BruzaSupreme Court of Oklahoma · 1934
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
- Jenney v. HynesMassachusetts Supreme Judicial Court · 1933
- Blakeley v. GorinMassachusetts Supreme Judicial Court · 1974
- SISTERS OF HOLY CROSS OF MASSACHUSETTS v. BrooklineMassachusetts Supreme Judicial Court · 1964
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