Brown v. O'Brien
Massachusetts Supreme Judicial Court
Bill in equity, filed June 4,1896, to restrain the defendant from the violation of the covenants of a mortgage deed. The case was submitted to the Superior Court, and, after a decree for the plaintiff, to this dourt, on appeal, upon agreed facts, in substance as follows. On September 13,1890, Sarah E. Lawrence was the owner in fee of the land shown as lots B, C, D, E, and F, on the subjoined plan.
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Bill in equity, filed June 4,1896, to restrain the defendant from the violation of the covenants of a mortgage deed. The case was submitted to the Superior Court, and, after a decree for the plaintiff, to this dourt, on appeal, upon agreed facts, in substance as follows. On September 13,1890, Sarah E. Lawrence was the owner in fee of the land shown as lots B, C, D, E, and F, on the subjoined plan. The defendant was the owner in fee of land adjoining the same, marked A, conveyed to him by said Lawrence by deed dated May 21, 1890, which deed contained no restrictions as to the character of the…
1Opinion of the CourtAllen, J.
Where an independent covenant is inserted in a mortgage, it does not necessarily expire with the payment and discharge of the mortgage, but it is a matter of construction whether it was intended to survive the mortgage or not. Ober v. Brooks, 162 Mass. 102. Green v. Low, 22 Beav. 625. In the present case, it is quite clear that the covenant was intended to survive. The debt secured by the mortgage was payable in five years. The mortgagor covenanted with the grantee and her heirs and assigns that no building or part of a building should be erected upon the granted premises for five years from…
2Cases cited4 opinions
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Hogan v. BarryMassachusetts Supreme Judicial Court · 1887
- Chase v. WalkerMassachusetts Supreme Judicial Court · 1897
- Ober v. BrooksMassachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Kakas Bros. Co. v. KaplanMassachusetts Supreme Judicial Court · 1954
- Seward v. WeeksMassachusetts Supreme Judicial Court · 1971
- Main v. M. C. of HagerstownCourt of Appeals of Maryland · 1918