Nowell v. Boston Academy of Notre Dame
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant corporation from erecting a wall upon its land, alleged to, be a violation of the restrictions in the deed under which the defendant holds the land. Hearing before Colt, J., who ordered the bill dismissed with costs; and, at the plaintiff’s request, reported the case for the consideration of the full court, such judgment to be entered as law and equity might require. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The defendant’s land is part of a larger lot formerly owned by the plaintiff and by Charles Nowell, and conveyed to them by the Boston Water Power Company by deed dated October 16,1860. The Nowells afterwards conveyed *210the laud to Zoe Vanderkeynst, Isabella Cramsey and Anna Kessells, the defendant’s grantors, in three parcels, by three deeds, dated March 28, 1868, June 27, 1863, and September 4, 1865. Each of these deeds contains the provision that the land is to be held subject to the restrictions set forth in the deed of the Boston Water Power Company. In the deed of the Water Power Company,…
2Cited by28 opinions
- Pratt v. City of BostonMassachusetts Supreme Judicial Court · 1985
- Freehling v. Development Management Group, Inc.Appellate Court of Illinois · 1979
- Jenney v. HynesMassachusetts Supreme Judicial Court · 1934
- Small v. Parkway Auto Supplies, Inc.Massachusetts Supreme Judicial Court · 1926
- Smith v. BarrieMichigan Supreme Court · 1885
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