Hills v. Metzenroth
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed January 10,1899, to restrain the defendants from violating the restrictions of a deed. Hearing before Hammond, J., who, at the request of the defendant Metzenroth, reported the case for the consideration of the full court, in substance as follows.
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Bill in EQUITY, filed January 10,1899, to restrain the defendants from violating the restrictions of a deed. Hearing before Hammond, J., who, at the request of the defendant Metzenroth, reported the case for the consideration of the full court, in substance as follows. The plaintiff and the defendant Metzenroth were severally seised of a parcel of land on K Street in South Boston, and both derived their title by mesne conveyances from the Trustees of the Hawes Fund, a corporation which, in 1867, was the owner of a tract of land situated on both sides of K Street, extending from Fifth to…
1Opinion of the CourtKnowlton, J.
The findings of the judge were well warranted by the evidence stated in the report.
It being established by the findings that the original grantors of the lots into which the tract was divided inserted language in all of the various deeds intended to create restrictions upon the land for the benefit of all the grantees as a part of a general scheme of improvement, the plaintiff can maintain his bill in equity to prevent a violation of the restrictions. Whitney v. Union Railway, 11 Gray, 359. Parker v. Nightingale, 6 Allen, 341. Jeffries v. Jeffries, 117 Mass. 184. Sanborn v. Rice, 129 Mass.…
2Cases cited5 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
- Payson v. BurnhamMassachusetts Supreme Judicial Court · 1886
3Cited by8 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Codman v. BradleyMassachusetts Supreme Judicial Court · 1909
- Duester v. AlvinOregon Supreme Court · 1915
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