Stewart v. Stark
Michigan Supreme Court
Appeal from Genesee; Wisner, J. Bill by Charles C. Stewart and another against Vergil L. Stark for an injunction. From a decree for complainants, defendant appeals.
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Appeal from Genesee; Wisner, J. Bill by Charles C. Stewart and another against Vergil L. Stark for an injunction. From a decree for complainants, defendant appeals. Each original deed to lots in the residence portion of Oak Park subdivision, city of Flint — each deed given by the owners who platted the land — contains the following: “This deed is made subject to the following building restrictions which have been adopted for said plat, viz.: No house shall be erected on Hamilton avenue or Saginaw street to cost less than $800. No house shall be erected on any other street of said plat which…
1Opinion of the CourtOstrander, J.
(after stating the facts). The language of the restrictions and the condition of the property when it was platted support the idea that it was intended and supposed that residences only and necessary and convenient outbuildings would be erected on the property. In this view, the restrictions are plain and not unreasonable. Doubtful meaning and real ambiguity are introduced when the restrictions are read as though applying to any but dwellings or *412residences. A building line for the fronts of all buildings being clearly established, no good reason appears for permitting dwellings, and not…
2Cases cited3 opinions
- Schadt v. BrillMichigan Supreme Court · 1913
- Moore v. CurryMichigan Supreme Court · 1913
- Frink v. HughesMichigan Supreme Court · 1903
3Cited by13 opinions
- Kirkley v. SeipeltCourt of Appeals of Maryland · 1981
- Swan v. MitshkunMichigan Supreme Court · 1919
- Carey v. LauhoffMichigan Supreme Court · 1942
- Signaigo v. BegunMichigan Supreme Court · 1926
- Davison v. TaylorMichigan Supreme Court · 1917
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