James v. Irvine
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by Delbert C. James against William A. Irvine and Mina G. Irvine to restrain the erection of a dwelling. From a decree dismissing the bill, complainant appeals. For some time prior to 1889, a tract of land extending west from Woodward avenue to Hamilton Boulevard, in the city of Detroit, was owned by several parties, and was platted as Duffield & Dunbar’s Subdivison, containing 98 lots. The plat was duly recorded.
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Appeal from Wayne; Mandell, J. Bill by Delbert C. James against William A. Irvine and Mina G. Irvine to restrain the erection of a dwelling. From a decree dismissing the bill, complainant appeals. For some time prior to 1889, a tract of land extending west from Woodward avenue to Hamilton Boulevard, in the city of Detroit, was owned by several parties, and was platted as Duffield & Dunbar’s Subdivison, containing 98 lots. The plat was duly recorded. After the recording of the plat, and on May 16, 1891, the parties owning the land executed a deed to Mr. Bethune Duffield, as trustee. Mr.…
1Opinion of the CourtGrant, J.
(after stating the facts). Complainant seeks to enjoin the defendants from the erection'of a dwelling house designed for two families, one on the first and the other upon the second floor. His theory is that there was a general restriction, binding upon the original owners and their subsequent grantees, that only a single dwelling house designed for one family should be erected upon each lot. The defendants have complied with the other alleged restrictions, and we need not discuss them. The restriction as claimed by the complainant would be valid. Harris v. Boraback, 137 Mich. 292; Watrous v.…
2Cases cited5 opinions
- Summers v. BeelerCourt of Appeals of Maryland · 1899
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- Watrous v. AllenMichigan Supreme Court · 1885
- Harris v. RorabackMichigan Supreme Court · 1904
- McMurtry v. Phillips Investment Co.Court of Appeals of Kentucky · 1898
3Cited by26 opinions
- Allen v. City of DetroitMichigan Supreme Court · 1911
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- O’connor v. Resort Custom Builders, IncMichigan Supreme Court · 1999
- Wood v. BlanckeMichigan Supreme Court · 1943
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