Hutchinson v. Ulrich
Illinois Supreme Court
Writ op Error to the Circuit Court of Cook County; the Hon. M. F. Tuley, Judge, presiding.' This was a bill brought by Charles L. Hutchinson, Allison W. Harlan, James Mullen, George W. Chamberlain, and Alice M. Lawton, against Eussell Ulrich and W. Irving Beman, to enjoin the erection of a “flats” building, or apartment house, on the corner of Greenwood avenue and 44th street, Chicago.
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Writ op Error to the Circuit Court of Cook County; the Hon. M. F. Tuley, Judge, presiding.' This was a bill brought by Charles L. Hutchinson, Allison W. Harlan, James Mullen, George W. Chamberlain, and Alice M. Lawton, against Eussell Ulrich and W. Irving Beman, to enjoin the erection of a “flats” building, or apartment house, on the corner of Greenwood avenue and 44th street, Chicago. In the Circuit Court a decree was rendered dismissing the bill for the want of equity, but without prejudice to the right of the complainants to sue at law. The complainants excepted to the decree, and sued out…
1Opinion of the CourtJustice Craig
It will be observed that plaintiff in error, Mullen, was the first purchaser from Hutchinson of one of the twelve lots which Hutchinson had platted and owned. In the deed from Hutchinson to Mullen is found a covenant, that the grantor will sell the remaining lots fronting on Greenwood avenue, in said block, to parties who will cause to be erected single dwellings only on each lot of fifty feet. We think it is clear that this covenant inured to the benefit of all subsequent purchasers of the remaining eleven lots from Hutchinson, and by the terms of the covenant an easement was created in…
2Cited by73 opinions
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