Smith v. Bradley
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to enforce the restrictions in a deed. The case was heard by Dewey, J., who reported it for the determination of this court, in substance as follows. The plaintiff was the owner of four lots of land, and the defendant the owner of a single lot, on Westminster Street in Boston, extending back eighty-five feet therefrom, being a part of nine lots situated on that street between Williams Street and Sterling Street.
Read the full summary
Bill in equity, filed in the Superior Court, to enforce the restrictions in a deed. The case was heard by Dewey, J., who reported it for the determination of this court, in substance as follows. The plaintiff was the owner of four lots of land, and the defendant the owner of a single lot, on Westminster Street in Boston, extending back eighty-five feet therefrom, being a part of nine lots situated on that street between Williams Street and Sterling Street. They both derived title from the Tremont Improvement Company, the former owner of the entire nine lots, which conveyed them all by deeds…
1Opinion of the CourtMorton, J.
The defendant does not contend .that the premises belonging to him are not subject to the restrictions contained in the original deed given by the Tremont Improvement Company, which originally owned these premises and those adjoining, or that the plaintiff is not a party entitled to relief upon a case being made of an actual or threatened violation of them by the defendant. He insists that the building which he is proposing to erect will not, if erected as he proposes to build it, constitute in any respect a breach of any of those restrictions.
The plaintiff contends that the term “…
2Cases cited2 opinions
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- Godley v. WeismanSupreme Court of Minnesota · 1916
- Lovell v. Columbian National Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Baker v. WillardMassachusetts Supreme Judicial Court · 1898
- Davidson v. SohierMassachusetts Supreme Judicial Court · 1915
- McLean v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1923