Legal Opinion

Peck v. Conway

Massachusetts Supreme Judicial Court

Decided March 9, 1876PublishedCited by 75 opinions

Bill in equity, by the owner of lot A. shown on the plan printed in the margin,* to restrain the defendants, the owners of lots B and 0, from building on lot B. The case was reserved by Oolt, J., upon the pleadings and the report of a master, for the consideration of the full court, and was as follows: Richard Ensign, on February 14, 1848, being the owner of lots A and B, and occupying lot A as a homestead, conveyed lot B, in fee simple, with general covenants of warranty,…

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Bill in equity, by the owner of lot A. shown on the plan printed in the margin,* to restrain the defendants, the owners of lots B and 0, from building on lot B. The case was reserved by Oolt, J., upon the pleadings and the report of a master, for the consideration of the full court, and was as follows: Richard Ensign, on February 14, 1848, being the owner of lots A and B, and occupying lot A as a homestead, conveyed lot B, in fee simple, with general covenants of warranty, to Joseph B. Huggins, who was then the owner of lot C. The deed described the land by metes and bounds, and following the…

1Opinion of the CourtMorton, J.

Both parties derive title from Richard Ensign. The deed of said Ensign, under which, through various mesne conveyances, the defendants derive their title, conveys to Joseph B. Huggins a triangular piece of land adjoining the lot now owned by the plaintiff, “ with this express reservation, that no building is to be erected by the said Joseph B., his heirs or assigns, upon the land herein conveyed.” Ensign, being owner of the fee, had the right to sell his land subject to such reservations or restrictions as to its future use and enjoyment as he saw fit to impose, provided they were not…

2Cases cited2 opinions

  1. Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
  2. Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871

3Cited by75 opinions

  1. Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
  2. Evans v. FossMassachusetts Supreme Judicial Court · 1907
  3. Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
  4. Berryman v. Hotel Savoy CompanyCalifornia Supreme Court · 1911
  5. Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913

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