Brown v. Greenfield Congregational Society

Citations

• 197 F. 238
• 1912 U.S. Dist. LEXIS 1419

Syllabus

<p>1. Easements (§ 19*) — View—Rights Acquired.</p> <p>Where the proprietors of a town prior to 1750 set apart a common to public use subject to the right to build a church edifice thereon, and a church building was erected in 1762,' and rebuilt in 1845 and 1853, an owner of lots originally set apart to the minister in charge of the church did not have a fundamental right to an unobstructed view across the common.</p> <p>[Ed. Note. — For other cases, see Easements, Cent. Dig. §§ 56-58; Dec. Dig. § 19.*]</p> <p>2. Easements (§ 19*) — View—Obstructions—Estoppel.</p> <p>Where the view across a common set apart by the proprietors of a town prior to 1750 had been partially obstructed by a church building erected on the common in 1762, and rebuilt in 1845 and again in 1853, and the latter structure was in existence, the principle of estoppel applied to one acquiring lots originally set apart to the minister ih charge of the church, and he could not maintain an injunction to compel an unobstructed view across the common.</p> <p>[Ed. Note. — For other cases, see Easements, Cent. Dig. §§ 56-58; Dee. Dig. § 19.*]</p>