Melson v. Ormsby
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. M. F. Edwards, Judge. Proceedings by way of injunction to restrain defendant from erecting a house in excess of a limitation in height fixed in his deed, the covenant in the deed providing that the first floor of the house shall not be more than four feet above the established grade line of the sidewalk. Decree from the defendant, dismissing plaintiff’s petition.
1Opinion of the CourtGaynor, J.
— This is an action in equity to restrain the defendant from constructing a dwelling house on Lot 12, in Block 2, River Heights, Mason City, Iowa, in violation of the conditions and restrictions contained in a certain deed made by the plaintiff to the defendant, on the 28th day of April, 1911. This is the restriction: ‘ ‘ The top of the first floor of the building must not be more than four feet above the established grade line of the sidewalk.”
Plaintiff .asks that defendant be required to so alter or change the construction of his dwelling house that the same, when completed, shall conform…
2Cases cited6 opinions
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- Watrous v. AllenMichigan Supreme Court · 1885
- Johnson v. RobertsonSupreme Court of Iowa · 1912
- Spilling v. HutchesonSupreme Court of Virginia · 1910
- Van Duyn v. H. S. Chase & Co.Supreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thodos v. ShirkSupreme Court of Iowa · 1956
- Grange v. KorffSupreme Court of Iowa · 1956
- Godley v. WeismanSupreme Court of Minnesota · 1916
- McBride v. BehrmanHighland County Court of Common Pleas · 1971
- BEELER DEVELOPMENT COMPANY v. DickensSupreme Court of Iowa · 1963
3 more not listed; retrieve them via the Exa API.