Legal Opinion

St. Louis Union Trust Co. v. Foster

Supreme Court of North Carolina

Decided March 17, 1937PublishedCited by 6 opinions

1Opinion of the CourtClaekson, J.

The defendant’s first question involved is as follows: “Is the whole of a boundary of land, containing five hundred acres, subject to restrictions previously imposed upon a small portion thereof, containing approximately thirteen acres, by reason of the fact that the five-hundred-aere boundary is conveyed ‘subject to all the conditions, restrictions, and stipulations’ contained in the agreement creating the restrictions upon the thirteen-acre tract?” We think not.

The language in the agreed statement of facts as to certain of the restrictions in the deed is as follows : “Subject, however, to…

2Cases cited1 opinion

  1. Leak v. . ArmfieldSupreme Court of North Carolina · 1924

3Cited by6 opinions

  1. Cummings v. Dosam, Inc.Supreme Court of North Carolina · 1968
  2. DIXIELAND REALTY COMPANY v. WysorSupreme Court of North Carolina · 1967
  3. Foreclosure of a Lien by Ridgeloch Homeowners Ass'n v. McNeillCourt of Appeals of North Carolina · 2007
  4. Henkel v. Triangle Homes, Inc.Court of Appeals of North Carolina · 2016
  5. Home Realty Co. & Ins. Agency, Inc. v. Red Fox Country Club Owners Ass'nCourt of Appeals of North Carolina · 2020

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