Julian v. Lawton
Supreme Court of North Carolina
1Opinion of the Court
EeviN, J".
We take it for granted without so deciding for the purpose of this particular ease that the covenant in question was valid in law at the time of its insertion in the deed to the plaintiffs’ grantors. Since we indulge this assumption, our decision must turn on the construction of the relevant documents.
The law looks with disfavor upon covenants restricting the free use of property. As a consequence, the law declares that nothing can be read into a restrictive covenant enlarging its meaning beyond what its language plainly and unmistakably imports. Starmount Co. v. Memorial Park, 233…
2Cases cited9 opinions
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Starmount Co. v. Greensboro Memorial Park, Inc.Supreme Court of North Carolina · 1951
- Duckworth v. . OrrSupreme Court of North Carolina · 1900
- Jennings v. BaroffSupreme Court of New Jersey · 1929
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3Cited by18 opinions
- Southeastern Shelter Corp. v. BTU, INC.Court of Appeals of North Carolina · 2002
- Branch Banking & Trust Co. v. CreasySupreme Court of North Carolina · 1980
- Cheape v. Town of Chapel HillSupreme Court of North Carolina · 1987
- Stegall v. Housing Authority of the City of CharlotteSupreme Court of North Carolina · 1971
- Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
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