Hemsley v. Marlborough Hotel Co.
New Jersey Court of Chancery
On bill for an injunction. The complainant and the defendant owned lots in Atlantic City, the title to which came to them from common grantors. The complainant seeks to enjoin the defendant from an alleged violation of a covenant contained in deeds in the chain of title to the defendant, which covenant is in the following words: “Also that no building whatever shall ever be erected upon the above-described lot or piece of ground except as and for use as a dwelling-house.”
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On bill for an injunction. The complainant and the defendant owned lots in Atlantic City, the title to which came to them from common grantors. The complainant seeks to enjoin the defendant from an alleged violation of a covenant contained in deeds in the chain of title to the defendant, which covenant is in the following words: “Also that no building whatever shall ever be erected upon the above-described lot or piece of ground except as and for use as a dwelling-house.” There follows a specification of special structures, the erection of which are forbidden. This covenant, so far as it…
1Opinion of the Court
Reed, V. C.
The defendant, in the first place, denies that the structure about to be erected is in violation of the covenant. Ordinarily the structure in question, intended to be in all respects, excepting the sale of liquor, a hotel, could not be properly styled a dwelling. When, however, the purpose of the restriction, as manifested by the designated structures which are specially forbidden, is sought, it becomes a close question whether, within the meaning of the parties to the contract, a building in which people dwell, although for brief and uncertain periods, comes within the forbidden…
2Cases cited1 opinion
- Skinner v. ShepardMassachusetts Supreme Judicial Court · 1881
3Cited by13 opinions
- Werner v. GrahamCalifornia Supreme Court · 1919
- Davis v. SkipperTexas Supreme Court · 1935
- Martin v. HolmCalifornia Supreme Court · 1925
- EDWARDS v. SurrattSupreme Court of South Carolina · 1956
- Stevenson v. SpiveySupreme Court of Virginia · 1922
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