Holmes v. Martin
Supreme Court of Georgia
Case, in Gwinnett Superior Court. Tried before Judge James Jackson, September Term, 1851. The facts in this case are as follows: Vivian Holmes conveyed by deed, to Henry J. Arnold, a house and lot in the town of Lawrenceville, which deed contained the following reservation or restriction, “ That the said house and lot shall not be kept by the said Arnold or his assigns, as a public tavern or hotel, which right is reserved in said property by said Holmes.”
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Case, in Gwinnett Superior Court. Tried before Judge James Jackson, September Term, 1851. The facts in this case are as follows: Vivian Holmes conveyed by deed, to Henry J. Arnold, a house and lot in the town of Lawrenceville, which deed contained the following reservation or restriction, “ That the said house and lot shall not be kept by the said Arnold or his assigns, as a public tavern or hotel, which right is reserved in said property by said Holmes.” The deed was otherwise in the usual form of a conveyance in fee simple, with warranty. Arnold made a quit claim deed of the property to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We wish it understood in limine, that the isolated question submitted for our review, is, whether the restriction in the deed from Holmes to Arnold, that the lot which the former sold to the latter, in the town of Lawrenceville, should never be used for a tavern, except by the grantor, his heirs and assigns, in the event that they should again become the proprietors of the property, *505is< void ? The Circuit Judge held that it was. The ground upon which this judgment was rendered, is not stated in the record; we suppose that this clause in the deed…
2Cases cited1 opinion
- Pyke v. ThomasCourt of Appeals of Kentucky · 1817
3Cited by17 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- Lanzit v. J. W. Sefton Manufacturing Co.Illinois Supreme Court · 1900
- Goodman v. HendersonSupreme Court of Georgia · 1877
- McAuliffe v. VaughanSupreme Court of Georgia · 1911
- Webster v. WilliamsSupreme Court of Arkansas · 1896
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