Van Duyn v. H. S. Chase & Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. II. McHenry, Judge. Action to enjoin the construction of a store building because of certain restrictions in a deed. On hearing the petition was dimissed. Plaintiff and intervener appeal.—
1Opinion of the CourtLadd, J.
The plaintiff acquired lot 1, Kauffman *223Place, division 1, Wessex, now in Des Moines, from the Elmwood United Presbyterian Church by deed containing these restrictions: “Eirst. The front of the residence or residences built upon the said property shall not be less than forty feet (10) west of the east line of the said lot. Second. No other building except a residence shall be built on the front half of said lot.” It also stipulated that the grantor might enforce these, and that they should run with the land and be binding on all subsequent purchasers. Subsequently plaintiff conveyed the west…
2Cases cited6 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
- James v. IrvineMichigan Supreme Court · 1905
- Hull & Co. v. AlexanderSupreme Court of Iowa · 1869
- Bredell v. Fair Grounds Real Estate Co.Missouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Gardner v. MaffittSupreme Court of Missouri · 1934
- Smith v. Second Church of Christ, Scientist, PhoenixArizona Supreme Court · 1960
- Procacci v. ZaccoDistrict Court of Appeal of Florida · 1975
6 more not listed; retrieve them via the Exa API.