McNeil v. Gary
Court of Appeals for the D.C. Circuit
HeaeiNG on an appeal by tbe complainant from a decree in tbe Supreme Court of tbe District of Columbia sustaining a demurrer to, and dismissing, a bill in equity to enjoin a violation of restrictive covenants in a deed of land. Tbe Coubt in tbe opinion stated tbe facts as follows: Tbis is an appeal from a decree in tbe supreme court of tbe District sustaining tbe demurrer to appellants’ bill and dismissing tbe same.
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HeaeiNG on an appeal by tbe complainant from a decree in tbe Supreme Court of tbe District of Columbia sustaining a demurrer to, and dismissing, a bill in equity to enjoin a violation of restrictive covenants in a deed of land. Tbe Coubt in tbe opinion stated tbe facts as follows: Tbis is an appeal from a decree in tbe supreme court of tbe District sustaining tbe demurrer to appellants’ bill and dismissing tbe same. Tbe facts, as they appear from tbe bill, are substantially as follows: B. Francis Saul and others became tbe owners of a part oí a tract of land known as “Maple Grove,” in tbe…
1Opinion of the CourtJustice Robb
In the view we take of the case the averment that the proposed use of said stable will constitute a nuisance may be treated as surplusage. Since all deeds from Saul and others to lots in this subdivision contained the same restrictive covenants, it is apparent, we think, that those covenants were intended to inure, and did in fact inure, to the benefit of the several purchasers of said lots and subsequent owners thereof. As suggested in the bill, these restrictions were designed to carry out the general scheme of improvement of this subdivision. Each purchaser bought his lot with notice of…
2Cases cited10 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Rowland v. . MillerNew York Court of Appeals · 1893
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
- Brigham v. H. G. Mulock Co.New Jersey Court of Chancery · 1908
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3Cited by1 opinion
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