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MANNING v. NEW ENGLAND MUTUAL LIFE INS. CO.

399 Mass. 730 (1987)

506 N.E.2d 870

ROBERT MANNING & others vs. NEW ENGLAND MUTUAL LIFE INSURANCE CO. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 23, 1987.

Attorney(s) appearing for the Case

Herbert P. Gleason (Thomas H. Martin with him) for the plaintiffs.

Stephen H. Oleskey for New England Mutual Life Insurance Co.

Present: HENNESSEY, C.J., NOLAN, LYNCH & O'CONNOR, JJ.

HENNESSEY, C.J.

The plaintiffs appeal from a judgment of a Land Court judge denying specific enforcement of restrictions in deeds to a parcel of land owned by the defendant. We conclude that the judge correctly ruled that the restrictions could not be enforced because of the failure to re-record them as required by G.L.c. 184, § 28.

New England Mutual Life Insurance Co. (defendant) owns land in the Back Bay section of Boston, bounded by Boylston Street...

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