Marshall & Ilsley Bank v. Greene

The decision of this controversy hinges upon the construction which should be given to the release-of-lands, dedicating-of-streets, and platting provisions heretofore recited in the statement of facts.

The precise questions for decision are: (1) Are those provisions, properly construed, personal to Mr. Greene, or are they covenants running with the land and therefore available to Residence Realty Corporation? (2) If those provisions, properly construed, are covenants running with the land, did they continue to have force and effect only so long as the mortgagor or his assign was not in…