Legal Opinion

Codman v. Bradley

Massachusetts Supreme Judicial Court

Decided March 1, 1909PublishedCited by 29 opinions

Bill in equity, filed in the Superior Court on August 16, 1906, by the trustees under the will of Maria P. Codman, as the owners of the building numbered 176 on Tremont Street in Boston against the owners of the building numbered 171 on the same street, which is leased to the Boston Herald Company, for a mandatory injunction ordering the defendants to remove a stone arch which projects from the front of the building numbered 171, known as the Herald Building.

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Bill in equity, filed in the Superior Court on August 16, 1906, by the trustees under the will of Maria P. Codman, as the owners of the building numbered 176 on Tremont Street in Boston against the owners of the building numbered 171 on the same street, which is leased to the Boston Herald Company, for a mandatory injunction ordering the defendants to remove a stone arch which projects from the front of the building numbered 171, known as the Herald Building. The case came on to be heard upon a motion for a final decree before Richardson, J., who reserved and reported it for determination by…

1Opinion of the Court

Knowlton, C.. J.

The plaintiffs, as trustees under the will *366of Maria P. Codman and owners of the premises numbered 176 Tremont Street, Boston, brought this bill in equity against the owners and the lessee of the premises numbered 171 Tremont Street, to enforce a restriction upon the land of the defendants and others, which required all buildings to be set back a certain distance from the easterly line of the street. This restriction was created by an indenture made on May 29, 1857, between the owners of lots numbered 176 and 177 as parties of the first part, and the several owners of lots 171…

2Cases cited25 opinions

  1. Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
  2. Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
  3. Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
  4. Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
  5. Evans v. FossMassachusetts Supreme Judicial Court · 1907

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3Cited by29 opinions

  1. Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
  2. Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
  3. Wischmeyer v. FinchIndiana Supreme Court · 1952
  4. Kershishian v. JohnsonMassachusetts Supreme Judicial Court · 1911
  5. Riverbank Improvement Co. v. ChadwickMassachusetts Supreme Judicial Court · 1917

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