Donahoe v. Turner

This is a bill in equity to restrain the defendant from erecting on land belonging to him in the Dorchester district in Boston a building in violation of certain building restrictions to which it is alleged such land is subject in favor of the plaintiffs. There was a hearing upon the merits,* the facts being *275agreed to, and a decree was entered dismissing the bill as to both plaintiffs, and they both appealed. Subsequently the plaintiff Donahoe withdrew her appeal. The case is before us now upon the appeal of the plaintiff Feeley alone who will be spoken of as the plaintiff.

The lots belonging…