Clark v. Murphy

Plaintiffs are owners of individual lots located in the Marygrove Outer Drive Park Subdivision. Defendants are the heirs and devisees of James Murphy, the original common owner of the entire plat.

The subdivision, consisting of 495 lots, was platted on May 19, 1925 by the common owner. Property was sold by the common owner on land contracts which were not recorded. These land contracts contained various restrictions, only 2 of which are of importance to the present litigation:

Clause 4. “No building of more than two apartments shall be erected on less than 60 feet of frontage, except lots nos.…