Ivarson v. Mulvey
Massachusetts Supreme Judicial Court
Bill in equity by the respective owners of two houses on Woodlawn Street in that part of Boston called Jamaica Plain, to enforce against the defendant, who was constructing on that street a house adjoining that of one of the plaintiffs and opposite that of the other plaintiff, certain restrictions contained in the defendant’s deed, filed September 27, 1899. In the Superior Court the case was referred to a master, who reported, that the defendant had violated one of the…
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Bill in equity by the respective owners of two houses on Woodlawn Street in that part of Boston called Jamaica Plain, to enforce against the defendant, who was constructing on that street a house adjoining that of one of the plaintiffs and opposite that of the other plaintiff, certain restrictions contained in the defendant’s deed, filed September 27, 1899. In the Superior Court the case was referred to a master, who reported, that the defendant had violated one of the restrictions in his deed by constructing a house for more than two families, but by reason of the fact that the restriction…
1Opinion of the CourtLathrop, J.
This is a bill in equity by which the plaintiffs seek to enforce against the defendant certain restrictions contained in the deeds of all the parties, they having derived their respective titles from common grantors.
The master has found that these restrictions were imposed by the grantors in pursuance of a common scheme, which included not only the lots conveyed to the parties to this suit but also other lots in one large tract of land. These restrictions were not to continue later than 1902. All of the parties to this suit bought their lands in 1894.
One of the restrictions was: “ That for…
2Cited by8 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Allen v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1924
- Codman v. BradleyMassachusetts Supreme Judicial Court · 1909
- Martin v. Rent Control Board of CambridgeMassachusetts Appeals Court · 1985
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