Clapp v. Wilder
Massachusetts Supreme Judicial Court
Bill in equity, for an injunction to restrain the defendants from building an addition to their store building, in violation of a provision in a deed of land in Leominster. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows.
Read the full summary
Bill in equity, for an injunction to restrain the defendants from building an addition to their store building, in violation of a provision in a deed of land in Leominster. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows. On March 1, 1867, Joseph M. Eaton, who was the owner of two adjoining lots of land, lot A, on which was a store building, ■and lot B, upon which was a dwelling-house occupied by him, conveyed lot A to Aaron 0. Wilder and Thomas A. Hills by warranty deed containing the following provisions: “ Also a right of way eight feet…
1Opinion of the CourtHammond, J.
This case turns upon the legal force and effect of this clause in the deed from Eaton to the defendants, namely, “ And this conveyance is made upon the express condition that said Wilder and Hills, their heirs and assigns, shall never erect any building nearer the street line of said land than the store building now thereon.”
The first question is whether this is a common law condition. The deed is in the ordinary form of a warranty deed in general use in this Commonwealth, is carefully drawn, and it bears upon its face evidence that the draftsman understood the meaning of the legal terms used.
2Cases cited28 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Post v. . WeilNew York Court of Appeals · 1889
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
23 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
- Werner v. GrahamCalifornia Supreme Court · 1919
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
36 more not listed; retrieve them via the Exa API.