Scott Co. v. Roman Catholic Archbishop
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. An injunction suit by tbe Scott Company, a corporation, and others, against the Roman Catholic Archbishop for the Diocese of Oregon, A. Christie, a corporation. From a decree dismissing the complaint the plaintiffs appeal. Department 1. Statement by Mr. Chief Justice McBride.
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From Multnomah: Robert G. Morrow, Judge. An injunction suit by tbe Scott Company, a corporation, and others, against the Roman Catholic Archbishop for the Diocese of Oregon, A. Christie, a corporation. From a decree dismissing the complaint the plaintiffs appeal. Department 1. Statement by Mr. Chief Justice McBride. This is a suit to enjoin the construction by the defendant of church, school and convent buildings on certain property in the City of Portland and the use of any buildings constructed thereon for church, school or convent purposes. The complaint alleges that in the year 1909…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The clause in the various deeds limiting the buildings to be erected on lots in Laurelhurst to those designed for residential purposes is a restrictive covenant and is valid even where the building which it is proposed to erect is intended for school purposes: Doe v. Keeling, 1 Maule & S. 95; Wickenden v. Webster, 6 El. & Bl. 387. Such a restriction will also be held valid as against the erection of a church within the restricted area: St. Andrew’s Church’s Appeal, 67 Pa. St. 512. It may be taken as settled law that such covenant is valid, and that the…
2Cases cited11 opinions
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
- Johnson v. JonesSupreme Court of Pennsylvania · 1914
- McMurtry v. Phillips Investment Co.Court of Appeals of Kentucky · 1898
- Clark v. JammesNew York Supreme Court · 1895
- American Unitarian Ass'n v. MinotMassachusetts Supreme Judicial Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Yogman v. ParrottOregon Supreme Court · 1997
- Moore v. StevensSupreme Court of Florida · 1925
- Milwaukie Co. of Jehovah's Witnesses v. MullenOregon Supreme Court · 1958
- Johnson v. Mt. Baker Park Presbyterian ChurchWashington Supreme Court · 1920
- SYRIAN ARCHDIOCESE OF NY v. Palisades Assoc.New Jersey Superior Court Appellate Division · 1970
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