Legal Opinion

Hartwig v. Grace Hospital

Michigan Supreme Court

Decided December 27, 1917No. Docket No. 59PublishedCited by 12 opinions

Appeal from Wayne; Codd, J. Bill by William J. Hartwig and others against the Grace Hospital to enjoin the violation of building restrictions. From a decree dismissing the bill, plaintiffs appeal.

1Opinion of the CourtOstrander, J.

(after stating the facts). It requires no argument to prove that all of the property embraced in the Reed plat is in its use restricted to residence purposes. None is required, either, to prove that the use of the Bela Hubbard home, with or without additions thereto, for a hospital, violates the restriction, and is a breach of the condition. The Bela Hubbard house was a single residence when the partition of lands was made. No objection is perceived to including it in the general plan evidenced by the restrictive covenant since the partition. No owner of the title thereto has devoted it to…

2Cases cited5 opinions

  1. Allen v. City of DetroitMichigan Supreme Court · 1911
  2. Schadt v. BrillMichigan Supreme Court · 1913
  3. Summers v. BeelerCourt of Appeals of Maryland · 1899
  4. Erichsen v. TapertMichigan Supreme Court · 1912
  5. Zoller v. GoldbergMichigan Supreme Court · 1914

3Cited by12 opinions

  1. Wallace v. St. ClairWest Virginia Supreme Court · 1962
  2. Boston-Edison Protective Ass'n v. GoodloveMichigan Supreme Court · 1929
  3. Nerrerter v. LittleMichigan Supreme Court · 1932
  4. Walker v. DorrisCourt of Appeals of Texas · 1947
  5. Edgewood Park Ass'n v. PernarMichigan Supreme Court · 1957

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