Riverbank Improvement Co. v. Bancroft
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 8, 1907, by the Riverbank Improvement Company and Albert E. Pillsbury against Cornelia H. Bancroft and her husband Charles F. Bancroft, averring that the defendant Cornelia H. Bancroft and the plaintiff Pillsbury were owners of lots in Block B, described in the opinion, which were subject to the restrictions therein set out, and that the defendants were violating those restrictions in that they had begun the…
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Bill in equity, filed in the Supreme Judicial Court on November 8, 1907, by the Riverbank Improvement Company and Albert E. Pillsbury against Cornelia H. Bancroft and her husband Charles F. Bancroft, averring that the defendant Cornelia H. Bancroft and the plaintiff Pillsbury were owners of lots in Block B, described in the opinion, which were subject to the restrictions therein set out, and that the defendants were violating those restrictions in that they had begun the erection upon their land of “ a building adapted and intended to be a garage for an automobile or automobiles,” and praying…
1Opinion of the CourtHammond, J.
The physical facts as to the size, situation and construction of the building in question are not in dispute, and the defendants admit that the building is being used by them as a garage for their own automobiles and that unless restrained by legal process they intend to continue such use. The main question on the merits is whether in the building itself or in such a use of it there is anything inconsistent with any of the „ restrictions to which the land is subject.
Those restrictions were imposed in the deed of the Riverbank Improvement Company, hereinafter called the company, to George…
2Cases cited1 opinion
- Dugle v. StateIndiana Supreme Court · 1885
3Cited by25 opinions
- Myers v. SalinMassachusetts Appeals Court · 1982
- Storer v. DowneyMassachusetts Supreme Judicial Court · 1913
- Ringgold v. DenhardtCourt of Appeals of Maryland · 1920
- Jenney v. HynesMassachusetts Supreme Judicial Court · 1933
- Storey v. BrushMassachusetts Supreme Judicial Court · 1926
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