Stone v. Pillsbury
Massachusetts Supreme Judicial Court
Bill in equity, filed April 11, 1895, against Charles J. Pillsbury, Dana T. Bennett, Henry J. Vrooman, Dennis Tracy, Jr., and others not material to be named, to restrain an alleged violation of a certain restriction upon the use of real estate. Hearing before Lathrop, J., who reported the case for the consideration of the full court, in substance as follows.
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Bill in equity, filed April 11, 1895, against Charles J. Pillsbury, Dana T. Bennett, Henry J. Vrooman, Dennis Tracy, Jr., and others not material to be named, to restrain an alleged violation of a certain restriction upon the use of real estate. Hearing before Lathrop, J., who reported the case for the consideration of the full court, in substance as follows. The real estate in question was a part of what was formerly a large tract of land situated in that part of Boston called Roxbury, formerly belonging to one Horatio Harris, and known as the Harris estate. Harris, some time between 1855…
1Opinion of the Court
Allen, J., The defendants contend, in the first place, that the restriction was not intended to apply to the house already upon the lot, but only to houses which might be built in the future. If this were so, the plaintiffs would be without remedy if the house were to be considerably changed in its interior construction, and converted into a hotel for transient guests, a public eating-house, a liquor shop, or a factory. We should be slow to give this construction to the deed.
But on other grounds we do not see our way clear to give to the plaintiffs the relief which they seek. The house was…
2Cases cited4 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
- Dorr v. HarrahanMassachusetts Supreme Judicial Court · 1869
- Amidon v. HarrisMassachusetts Supreme Judicial Court · 1873
3Cited by16 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Harris v. RorabackMichigan Supreme Court · 1904
- Carr v. RileyMassachusetts Supreme Judicial Court · 1908
- Whitehurst v. BurgessSupreme Court of Virginia · 1921
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