Hopkins v. Smith
Massachusetts Supreme Judicial Court
Bill in EQUITY to restrain the defendants from the use of their premises for business purposes in violation of the resfrietians of a deed. Trial in the Superior Court, before Bráley, J., who found the following facts.
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Bill in EQUITY to restrain the defendants from the use of their premises for business purposes in violation of the resfrietians of a deed. Trial in the Superior Court, before Bráley, J., who found the following facts. On August 3, 1867, the Oak Bluffs Land arid Wharf Company, being seised in fee of a tract of land in that part of Bdgartown now comprised in the town of Cottage City, caused the same to be laid out into house lots, streets, avenues, and parks, according to a plan, and to be placed upon the market for sale, under a form of deed prepared by the company, and used by it in all its…
1Opinion of the CourtField, C. J.
We think it plain, on the findings of fact by the court, that the conditions and restrictions in the deeds from the Oak Bluffs Land and Wharf Company, under which the plaintiff and the defendants claim, were inserted for the benefit of purchasers from that company, who took deeds subject to these conditions and restrictions, and for the benefit of the grantees of such purchasers, and that therefore the restrictions can be enforced in equity by and against such grantees. Jackson v. Stevenson, 156 Mass. 496. Hano v. Bigelow, 155 Mass. 341. Collins v. Castle, 36 Ch. D. 243.
We are not called upon…
2Cases cited2 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
3Cited by30 opinions
- Werner v. GrahamCalifornia Supreme Court · 1919
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Ridley v. HaimanTennessee Supreme Court · 1932
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Booth v. . KnipeNew York Court of Appeals · 1919
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