Legal Opinion
Reilly v. Otto
Michigan Supreme Court
Decided February 18, 1896PublishedCited by 8 opinions
Appéal from Wayne; Carpenter, J. Bill by Cornelius J. Reilly against George Otto and wife to enjoin the breach of a condition in a deed against the maintenance of a saloon or general store on the premises conveyed. From a decree for complainant, defendants appeal.
1Opinion of the CourtMoore, J.
In 1891, complainant and his wife conveyed, by deed, a lot in Detroit, with the following restrictions :
“ This conveyance is made with the express restriction that there shall not be placed or erected, at any time, on said premises now conveyed, any store, but only dwelling houses. * * * To have and to hold the said premises above bargained and described, * * * with the express reservation and restriction that no store or saloons shall be erected or placed on said premises now here conveyed, and that said real estate shall be kept for dwelling-house purposes only.”
In 1894 the complainant…
2Cases cited5 opinions
- Watrous v. AllenMichigan Supreme Court · 1885
- Barrie v. SmithMichigan Supreme Court · 1881
- Smith v. BarrieMichigan Supreme Court · 1885
- Jenks v. PawlowskiMichigan Supreme Court · 1893
- Abraham v. StewartMichigan Supreme Court · 1890
3Cited by8 opinions
- Shuford v. Asheville Oil CompanySupreme Court of North Carolina · 1956
- Alamogordo Improvement Co. v. PrendergastNew Mexico Supreme Court · 1940
- Davison v. TaylorMichigan Supreme Court · 1917
- Whealkate Mining Co. v. MulariMichigan Supreme Court · 1908
- Sherrard v. MurphyMichigan Supreme Court · 1916
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