Ivarson v. Mulvey
| Decision Date | 24 May 1901 |
| Citation | 60 N.E. 477,179 Mass. 141 |
| Parties | IVARSON et al. v. MULVEY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Frank M. Davis, for appellant.
C. G Keyes, for appellees.
This is a bill in equity, by which the plaintiffs seek to enforce against the defendant certain restrictions contained in the deeds of all the parties; they having derived their respective titles from common grantors. The master has found that these restrictions were imposed by the grantors in pursuance of a common scheme, which included not only the lots conveyed to the parties to this suit, but also other lots in one large tract of land. These restrictions were not to continue later than 1902. All of the parties to this suit bought their lands in 1894. One of the restrictions was 'That for the period of eight years from the date hereof * * * no dwelling house erected or placed on said land shall contain more than two tenants, or be constructed for more than two families.' On this point the master found that the defendant's house was carried up three stories, and contained seventeen rooms, with a flat roof; that the defendant admitted that the construction adopted by him was available for three families, but testified that it was not to be used for more than two until after the eight-year limit of the restriction had expired. It seems to us very clear that the defendant's house was constructed for more than two families, and was in violation of the restriction.
The point chiefly relied upon by the defendant was that about August, 1899, the grantors had conveyed a number of lots, and had in each deed released all the restrictions; and that at or about this time the defendant had an interview with the...
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Snow v. Van Dam
... ... interest in the restrictions that the common vendor cannot ... release them. Hopkins v. Smith, 162 Mass. 444, 38 ... N.E. 1122; Ivarson v. Mulvey, 179 Mass. 141, 60 N.E ... 477; Goulding v. Phinney, 234 Mass. 411, 413, 125 ... N.E. 703 ... [291 Mass. 485] ... ...
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Kitchen v. Hawley
... ... "dwelling house," depends upon its structure and ... arrangement rather than upon its use. Ivarson v ... Mulvey, 179 Mass. 141; Rhodes v. McCormack, 4 ... Iowa 368; In re Lammer, 7 Biss. 269; Thomas v ... Assurance Co., 162 Mass. 29; Insurance ... ...
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Codman v. Bradley
... ... 546; Welch v. Austin, 187 ... Mass. 256, 72 N.E. 972, 68 L. R. A. 189; Bacon v ... Sandberg, 179 Mass. 396, 60 N.E. 936; Ivarson v ... Mulvey, 179 Mass. 141, 60 N.E. 477; Bailey v. Agawam ... National Bank, 190 Mass. 20-23, 76 N.E. 449, 3 L. R. A ... (N. S.) 98, 112 Am ... ...
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Martin v. Rent Control Bd. of Cambridge
...would be a four family dwelling" (emphasis supplied). Somewhat similar applications of the term can be found in Ivarson v. Mulvey, 179 Mass. 141, 142-143, 60 N.E. 477 (1901) (restriction in a deed), and Maynard v. Tomyl, 347 Mass. 397, 399, 198 N.E.2d 291 (1964) (zoning by-law). The interpr......