Erichsen v. Tapert
Michigan Supreme Court
Appeal from Wayne; Murfin, J. Bill by Amelia Erichsen and others against Robert T. Tapert and others to enjoin the breach of certain building restrictions. From a decree granting a part of the relief prayed, both parties appeal. The bill in this case is filed to enjoin a threatened violation of certain building restrictions claimed by complainants to cover the premises involved.
Read the full summary
Appeal from Wayne; Murfin, J. Bill by Amelia Erichsen and others against Robert T. Tapert and others to enjoin the breach of certain building restrictions. From a decree granting a part of the relief prayed, both parties appeal. The bill in this case is filed to enjoin a threatened violation of certain building restrictions claimed by complainants to cover the premises involved. The lot in question is No. 49, lying at the southwest corner of Chandler and Oakland avenues in the city of Detroit. A single family dwelling house now occupies the front portion of said lot facing Chandler avenue.…
1Opinion of the CourtBrooke, J.
(after stating the facts). The bill seems to ,have been filed solely in reliance upon the contract, and the answer meets the averments of the bill. The prayer for relief is that defendants be enjoined from erecting or causing to be erected upon said lot any building or *461buildings other than a barn or other outbuildings appurtenant to a single dwelling house for said lot, and, that they be perpetually enjoined from using any dwelling thereon for any other than dwelling purposes for a single family. It is obvious that the decree as entered affords no protection to complainants if, as they aver,…
2Cases cited2 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Watrous v. AllenMichigan Supreme Court · 1885
3Cited by14 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- McQuade v. WilcoxMichigan Supreme Court · 1921
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Mays v. BurgessCourt of Appeals for the D.C. Circuit · 1945
- Conlin v. UptonMichigan Court of Appeals · 2015
9 more not listed; retrieve them via the Exa API.