Legal Opinion

Exchange Realty Co. v. Bird

Ohio Court of Appeals

Decided December 4, 1933No. 2169PublishedCited by 11 opinions

1Opinion of the Court

*393OPINION

By PUNK, J.

As we view tire whole evidence, and especially the undkputed facts, they do not entitle the defendant to prevail on the second and third defenses.

The further determination of this case, under the defense of general denial, depends upon the construction to be placed upon the restrictions in the deed of plaintiff to defendant’s predecessor in title, the deed to defendant being also subject to said restrictions; both of which deeds were admitted in evidence.

The part of the restrictions in question is contained in the following language:

“1. Said real estate shall be used exy…

2Cases cited10 opinions

  1. Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
  2. Harmon v. BurowSupreme Court of Pennsylvania · 1919
  3. Fortesque v. CarrollSupreme Court of New Jersey · 1910
  4. Jones v. Northwest Real Estate Co.Court of Appeals of Maryland · 1925
  5. Parsons v. DuryeaMassachusetts Supreme Judicial Court · 1927

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Alliegro v. Home Owners of Edgewood Hills, Inc.Court of Chancery of Delaware · 1956
  2. Carranor Woods Property Owners' Ass'n v. DriscollOhio Court of Appeals · 1957
  3. Alliegro v. Home Owners of Edgewood HillsCourt of Chancery of Delaware · 1956
  4. Prestwick Landowners' Ass'n v. UnderhillOhio Court of Appeals · 1980
  5. Bailey Development Corp. v. MacKinnon-Parker, Inc.Ohio Court of Appeals · 1977

6 more not listed; retrieve them via the Exa API.

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