Hills v. Metzenroth

• Decision Date: 19 May 1899
• Parties: HILLS v. METZENROTH et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

173 Mass. 423

53 N.E. 890

HILLS v. METZENROTH et al.

Supreme Judicial Court of Massachusetts, Suffolk.

May 19, 1899

This was a bill in equity to restrain defendant Metzenroth from making certain alterations in her premises in South Boston, and from permitting the same to be used for a Chinese laundry. The plaintiff and defendant both held under mesne conveyances from a corporation which, in 1867, inserted, in the deeds conveying the land which was then cut up into lots, a restriction that the land should be used only for dwelling houses and private stables, the main part of the dwelling houses to be not less than 21/2 stories in height.

COUNSEL

F.A. North, for plaintiff.

C.C. Long and Geo. A. Moore, for defendants.

OPINION

KNOWLTON, J.

The evidence stated in the 14 numbered paragraphs of the report well warranted the six findings of the judge. It being established by the findings that the original grantors of the lots into which the tract was divided inserted language, in all of the various deeds, intended to create restrictions upon the land for the benefit of all the grantees, as a part of a general scheme of improvement, the plaintiff can maintain his bill in equity to prevent a violation of the restrictions. Whitney v. Railway Co., 11 Gray, 359; Parker v. Nightingale, 6 Allen, 341; Jeffries v. Jeffries, 117 Mass. 184; Sanborn v. Rice, 129 Mass. 387; Payson v. Burnham, 141 Mass. 547, 6 N.E. 708; Hano v. Bigelow, 155 Mass. 341, 29 N.E. 628. Decree for the plaintiff.