Sharp v. Ropes
Massachusetts Supreme Judicial Court
Bill hi equity, filed July 10, 1872, alleging that Stephen Heath in 1865, being the owner of a parcel of land on a way, now called Gordon Street, in West Roxbury, laid it out in lots ; that he conveyed lot 8 and part of lot 7 to George G. Drew, by deeds containing the following provision : “ That for the term of fifteen years from the first day of January 1866, no building shall be erected or placed on said land, the main part of which shall come within twenty feet of said…
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Bill hi equity, filed July 10, 1872, alleging that Stephen Heath in 1865, being the owner of a parcel of land on a way, now called Gordon Street, in West Roxbury, laid it out in lots ; that he conveyed lot 8 and part of lot 7 to George G. Drew, by deeds containing the following provision : “ That for the term of fifteen years from the first day of January 1866, no building shall be erected or placed on said land, the main part of which shall come within twenty feet of said street or way; and the main part of any such building shall not be less than two stories high exclusive of basement and…
1Opinion of the CourtAmes, J.
The case finds that Stephen Heath, being the owner of the entire tract of land, caused it to be laid out in eleven separate building lots. A plan, showing the streets that were to be opened, and the different lots, with their respective dimensions, areas and numbers, was duly recorded in the registry of deeds; but this plan furnishes no intimation of an intention on the part of the grantor to impose any restriction whatever upon purchasers, in regard to the manner in which they were to occupy or build upon the lots which they should purchase. Of the five lots upon the northerly side of Gordon…
2Cases cited5 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Hills v. MillerNew York Court of Chancery · 1831
- Barrow v. RichardNew York Court of Chancery · 1840
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
3Cited by41 opinions
- Werner v. GrahamCalifornia Supreme Court · 1919
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- McBride v. FreemanCalifornia Supreme Court · 1923
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