Duncan v. Central Passenger Railway Co.
Court of Appeals of Kentucky
Case 65 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Appellant Johnston, being the owner of the lots on both sides of the newly laid out Highland Avenue, and desiring to prevent a-stable or other objectionable building on the corner lot at the entrance to the avenue, expressly refused to sell the lot at all to the street car com. pany; and when he sold it to Allman required the restrictive clause in the deed against any other use than as a residence.
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Case 65 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Appellant Johnston, being the owner of the lots on both sides of the newly laid out Highland Avenue, and desiring to prevent a-stable or other objectionable building on the corner lot at the entrance to the avenue, expressly refused to sell the lot at all to the street car com. pany; and when he sold it to Allman required the restrictive clause in the deed against any other use than as a residence. Allman purchased in had faith, for the secret benefit of the street car company; and it took a deed from Allman, but with full…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
Wm. P. Johnston was the owner of twenty acres of land lying between Baxter and Barrett Avenues, in the city of Louisville. In 1870 he made a plat of it, in which it was laid out in lots with a wide avenue running through the middle of it, from Baxter Avenue to Barrett Avenue, known as “Highland Avenue.” The owner believed that the lots would sell best for residences, and the purpose was to confine them to this use. This was the plan. In October, 1873, he sold and conveyed lots Nos. 60, 61 and 62, which lie at the corner of Baxter and Highland…
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- VanSant v. RoseIllinois Supreme Court · 1913
- Franklin v. MoatsCourt of Appeals of Kentucky (pre-1976) · 1954
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