Bagnall v. Davies
Massachusetts Supreme Judicial Court
Bill in equity, filed August 22, 1883, to restrain the erection of a building in violation of the provisions of a deed, and to compel its removal or alteration. The case was heard, and reserved for the consideration of the full court, by Devens, J., upon the following agreed facts: In 1872, the plaintiff was the owner of a large lot of land in that part of Boston formerly Roxbury, and bounded in part by Clifford Street, Warren Street, and Woodbine Street.
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Bill in equity, filed August 22, 1883, to restrain the erection of a building in violation of the provisions of a deed, and to compel its removal or alteration. The case was heard, and reserved for the consideration of the full court, by Devens, J., upon the following agreed facts: In 1872, the plaintiff was the owner of a large lot of land in that part of Boston formerly Roxbury, and bounded in part by Clifford Street, Warren Street, and Woodbine Street. Previously to August 22, 1872, the plaintiff caused this land to be laid out in lots, and on said day conveyed the whole, with the…
1Opinion of the CourtW. Allen, J.
It is admitted that the plaintiff has a right to enforce the restriction in the defendant’s deed, that no building shall be erected on her lot within twenty feet of Clifford Street. The only question is whether the defendant’s house is within twenty feet of the street.
The front, of the house is toward Clifford Street, and the front' wall is twenty feet from the street. A part of the roof, which slopes toward the street, is extended to within less than fourteen feet of it, covering a piazza and supported by posts six feet from the front wall of the house. In this part of the roof is a dormer…
2Cases cited1 opinion
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
3Cited by12 opinions
- Loud v. PendergastMassachusetts Supreme Judicial Court · 1910
- Alderson v. CuttingCalifornia Supreme Court · 1912
- Codman v. BradleyMassachusetts Supreme Judicial Court · 1909
- Gilbert v. Repertory, Inc.Massachusetts Supreme Judicial Court · 1939
- Reardon v. MurphyMassachusetts Supreme Judicial Court · 1895
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