MURPHY v. RACE


351 Mass. 80 (1966)

217 N.E.2d 771

PETER H. MURPHY & another vs. EDMUND H. RACE & another.

Supreme Judicial Court of Massachusetts, Plymouth.

June 8, 1966.


Attorney(s) appearing for the Case

Robert L. Macomber (David F. Whelan with him) for the plaintiffs.

Paul V. Power for the defendants.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.


REARDON, J.

This is a suit in equity against the defendants to enforce a restriction on the use of the defendants' premises which adjoin those of the plaintiffs. The restriction was contained in a deed of land given in August, 1959, by the defendants to the plaintiffs' predecessors in title and it read as follows: "Said premises are conveyed with the benefit of the following restriction which restriction shall be only for...

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