Walker v. Stetson
Massachusetts Supreme Judicial Court
Bill in equity, filed March 17, 1893, to restrain the defendant from making use of an addition made by the plaintiffs to a certain party wall running from Boylston Street to Providence Street in Boston, between adjoining parcels of land belonging respectively to the plaintiffs and the defendant.
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Bill in equity, filed March 17, 1893, to restrain the defendant from making use of an addition made by the plaintiffs to a certain party wall running from Boylston Street to Providence Street in Boston, between adjoining parcels of land belonging respectively to the plaintiffs and the defendant. Hearing before Lathrop, J., at whose suggestion a statement of the facts was agreed upon by the parties, which subsequently, on account of the illness of the presiding justice, was presented to Knowlton, J., who reported the case for the consideration of this court. If the bill could be maintained,…
1Opinion of the CourtMorton, J.
The plaintiffs and defendant respectively derive title through mesne conveyances from the city of Boston. The *87deeds from the city of Boston to their predecessors in title provide that the owner of the premises conveyed may build one half of the division walls on the adjoining lots, “ which half of the walls, when used by the owners of the adjoining lots for building purposes, is to be paid for by them to the extent so used.” In all the mesne conveyances this provision as to party walls was either set out in terms, or incorporated by reference. Under it, a party wall had been built along the…
2Cases cited7 opinions
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Standish v. LawrenceMassachusetts Supreme Judicial Court · 1872
- Matthews v. DixeyMassachusetts Supreme Judicial Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Everett Factories & Terminal Corp. v. Oldetyme Distillers Corp.Massachusetts Supreme Judicial Court · 1938
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
- Sorensen v. J. H. Lawrence Co.Court of Appeals of Maryland · 1997
- Lederer & Strauss v. Colonial Investment Co.Supreme Court of Iowa · 1906