Linzee v. Mixer
Massachusetts Supreme Judicial Court
Bill in equity by Sarah P. Linzee, widow, and Ann D. Torrey, singlewoman, filed October 8, 1866, against John Mixer, Marianne M. Crafts, widow, and the commissioners of the Commonwealth on public lands.
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Bill in equity by Sarah P. Linzee, widow, and Ann D. Torrey, singlewoman, filed October 8, 1866, against John Mixer, Marianne M. Crafts, widow, and the commissioners of the Commonwealth on public lands. The bill alleged that Mrs. Linzee, in May 1864, purchased a lot of land, nineteen and a half feet wide, on Marlborough Street in Boston; that Miss Torrey, who was her sister, purchased at the same time the lot, sixteen and a half feet wide, next easterly on said street; and that Mixer, in January 1865, purchased the lot, eighteen feet wide, next easterly to Miss Torrey’s, on the same street;…
1Opinion of the CourtAmes, J.
Of the various defences insisted upon by the defendants, it appears to us that the first one to be considered is the denial on their part that the building erected by the defendant Mixer was constructed “ in any manner and form contrary to the agreements and provisions ” contained in the title deeds, or “ beyond the line ” fixed by those deeds; or that he has done anything which he was not “ permitted and allowed to do by the terms of said deeds.” The language of the restriction upon which the plaintiffs rely, is to this effect, “ that the front wall thereof” (that is, of Mixer’s building,) “…
2Cases cited2 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
3Cited by44 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
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