Welch v. Austin
Massachusetts Supreme Judicial Court
Petition, filed February 16, 1904, under R. L. c. 182, § 11, by the owner of a lot of land numbered 8 on Aldington Street in Boston, to determine the validity, nature and extent of certain restrictions or stipulations appearing of record to have been imposed on the petitioner’s land by a deed from Oliver Brewster to John Foster dated March 11, 1863.
1Opinion of the CourtLoring, J.
The only question before the court is the nature and extent of the possible restriction, stipulation or agreement created by the deed of Oliver Brewster to John Foster, dated *258March 11, 1863, recorded with Suffolk Deeds, libro 825, folio 151.
We cannot accede to the petitioner’s contention that the agreement in question is nothing more than a personal covenant on the part of John Foster. The case of Clapp v. Wilder, 176 Mass. 332, on which the petitioner has largely relied in support of that contention, went on the ground that the thing provided for there was put in the form of a common law…
2Cases cited8 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
- Episcopal City Mission v. AppletonMassachusetts Supreme Judicial Court · 1875
- Hopkins v. SmithMassachusetts Supreme Judicial Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
- DeSanno v. EarleSupreme Court of Pennsylvania · 1922
- Codman v. BradleyMassachusetts Supreme Judicial Court · 1909
- Moore v. KimballMichigan Supreme Court · 1939
- Strong v. HancockCalifornia Supreme Court · 1927
11 more not listed; retrieve them via the Exa API.