Legal Opinion

Kimm v. Griffin

Supreme Court of Minnesota

Decided December 24, 1896No. Nos. 10,351—(238)Published

Appeal by plaintiff from a judgment of tbe district court for Dakota county, in favor of defendant, entered in pursuance of the order of Crosby, J.

1ConcurrenceMitchell, J.

I concur. Without going into any general discussion of the very abstruse and technical learning of the books as *30to what covenants do and what do not run with the land it is sufficient to say that it is settled by the great weight of authority that the covenants of party-wall contracts, like the one under consideration, do run with the land and that all their benefits and burdens— the liability to perform and the right to take advantage of them— both pass to the heir or assignee of the land to which the covenant is attached. This doctrine is really of equitable origin and proceeds upon the…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Pillsbury v. MorrisSupreme Court of Minnesota · 1893

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