Legal Opinion

Summers v. Beeler

Court of Appeals of Maryland

Decided December 9, 1899PublishedCited by 46 opinions

Appeal from the Circuit Court for Washington County (Stake, J.) The restriction in the original deeds of both plaintiff’s and defendant’s lots is as follows: “ Provided, however, that if the said” grantee, “his heirs, devisees or assigns, shall construct or cause to be constructed upon the lot of ground hereby conveyed any dwelling-house or building or other improvements, such dwelling-house, building or other improvement shall not be located, built or constructed upon said…

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Appeal from the Circuit Court for Washington County (Stake, J.) The restriction in the original deeds of both plaintiff’s and defendant’s lots is as follows: “ Provided, however, that if the said” grantee, “his heirs, devisees or assigns, shall construct or cause to be constructed upon the lot of ground hereby conveyed any dwelling-house or building or other improvements, such dwelling-house, building or other improvement shall not be located, built or constructed upon said lot closer to the west marginal line of the lot hereby conveyed than a line running parallel thereto and bounding the…

1Opinion of the CourtPea.rce, J.

This is a bill in equity filed by the appellants to restrain the appellees from erecting upon their own premises, adjoining those of the appellants, a bay-window, in violation, as the appellants claim, of restrictions contained in conveyances for their respective premises from a common vendor, to whom their titles are traced through mesne conveyances. A preliminary injunction was granted, and was dissolved upon hearing, and thereupon this appeal was taken.

Rev. C. L. Keedy, being the owner of a tract of land in Hagerstown, on the east side of Mulberry street, laid out the tract into…

2Cases cited5 opinions

  1. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  2. Tallmadge v. . the East River BankNew York Court of Appeals · 1862
  3. Halle v. NewboldCourt of Appeals of Maryland · 1888
  4. Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
  5. Thruston v. MinkeCourt of Appeals of Maryland · 1870

3Cited by46 opinions

  1. Turner v. BrocatoCourt of Appeals of Maryland · 1973
  2. McKenrick v. Savings BankCourt of Appeals of Maryland · 1938
  3. Bristol v. WoodwardNew York Court of Appeals · 1929
  4. Vogeler v. Alwyn Improvement Corp.New York Court of Appeals · 1928
  5. Boyden v. RobertsWisconsin Supreme Court · 1907

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