Graham v. Hite
Court of Appeals of Kentucky
Case 85 — PETITION EQUITY APPEALED PROM LOUISVILLE LAW AND EQUITY COURT. 1. The plaintiff, Hite, stood silent, for three months,'and saw his neighbor, the defendant Graham, dig the foundation and erect this porch, next door, knowing that Graham was unaware of this building restriction; and did not give any notice of objection, or sue, until the foundations were all completed and the porch and house built to the first story, and too late for the plans to be •changed.
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Case 85 — PETITION EQUITY APPEALED PROM LOUISVILLE LAW AND EQUITY COURT. 1. The plaintiff, Hite, stood silent, for three months,'and saw his neighbor, the defendant Graham, dig the foundation and erect this porch, next door, knowing that Graham was unaware of this building restriction; and did not give any notice of objection, or sue, until the foundations were all completed and the porch and house built to the first story, and too late for the plans to be •changed. A court of equity should not listen to Hite, under such circumstances, but should treat him as estopped, or leave him to his…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
In December, 1886, T. L. Barret sold and conveyed to J. L. Matthews a parcel of land in Louisville described thus: “ Commencing at a point on the west side of Third street 31 feet south of the southwest corner of Third and Oak streets; running thence along the west line of Third street southwardly 108 feet; thence westwardly 126 feet to a ten foot alley; thence northwardly along the east line of said alley 108 feet; thence eastwardly 126 feet to the point of beginning.” The deed then executed contains the following condition: “ It is further…
2Cases cited1 opinion
- Dana v. WentworthMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- Toothaker v. PleasantSupreme Court of Missouri · 1926
- Anderson v. HensleeCourt of Appeals of Kentucky (pre-1976) · 1928
- Hawes v. FavorIllinois Supreme Court · 1896
- Feinberg v. Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1925
- Foos v. EngleCourt of Appeals of Kentucky (pre-1976) · 1943
7 more not listed; retrieve them via the Exa API.