Legal Opinion · Dissent

Maine v. Mulliken

Michigan Supreme Court

Decided July 18, 1913No. Docket No. 124PublishedCited by 1 opinion

Appeal from Wayne; Codd, J. Bill by John Maine and others against Margaret K. Mulliken and Robert J. Davis for an injunction. From a decree for complainants, defendant Davis appeals.

1DissentKuhn, J.

The complainants are the owners of lot K and the defendant Davis of lot J, which adjoin each other on the south side of Alger avenue between Woodward avenue and John R. street in the city of Detroit. There was no building restriction in the original plat of the lots, but in 1891 lot J was sold by its owner to H. G. Lewis; the deed containing the following restriction:

“Said second party hereby agrees not to build or cause to be built on said lot any building on front of said lot of less than $1,000 in value, the same to stand 15 feet from the front of said lot line.”

*445In 1895 Lewis eonveyed the…

2Cases cited8 opinions

  1. Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
  2. Downey v. HoodMassachusetts Supreme Judicial Court · 1909
  3. Clark v. MartinSupreme Court of Pennsylvania · 1862
  4. Codman v. BradleyMassachusetts Supreme Judicial Court · 1909
  5. Curtis Manufacturing Co. v. Spencer Wire Co.Massachusetts Supreme Judicial Court · 1909

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3Cited by1 opinion

  1. Craig v. KelleyMichigan Supreme Court · 1945

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