JEREMIAH 29: 11, INC. v. Seifert

The opinion of the court was delivered by

Beier, J.:

This appeal requires us to evaluate whether a subsequent purchaser is bound by a restrictive covenant contained in a recorded 1978 deed unsigned by the original parties to be bound by the covenant.

Factual and Procedural Background

The pertinent facts are straightforward and undisputed.

On March 8,1978, G. Weaver Jordan and J. E. Jordan executed a document titled “WARRANTY DEED,” which described and conveyed approximately 50 acres to Daniel and Pearline Dallinga for $25,000. After its granting provisions, the deed set forth three restrictive…