Legal Opinion

Hemsley v. Marlborough House Co.

Supreme Court of New Jersey

Decided June 19, 1905PublishedCited by 8 opinions

On appeal from a decree advised by Vice-Chancellor Reed, whose opinion is reported in 63 N. J. Eq. {20 Dick.) 167.

1Opinion of the Court

The opinion of the court was delivered by

Gummere, Chief-Justice.

On the 15th of October, 1883, one Mary Disston conveyed to the Female Academy of the Sacred Heart a piece of property located upon the westerly side of Park place, in the city of Atlantic City. The deed of conveyance contained several restrictive covenants, one of which (a covenant restricting the erection of any building except a dwelling-house upon the premises) has already been before the court of chancery and this court for construction. Hemsley v. Marlborough Hotel Co., 62 N. J. Eq. (17 Dick.) 164; S. C. on appeal, 63 N. J.…

2Cases cited1 opinion

  1. Peck v. ConwayMassachusetts Supreme Judicial Court · 1876

3Cited by8 opinions

  1. Berryman v. Hotel Savoy CompanyCalifornia Supreme Court · 1911
  2. Gilpin v. Jacob Ellis Realties, Inc.New Jersey Superior Court Appellate Division · 1957
  3. Alexander S. v. Arnold ConstableNew Jersey Superior Court Appellate Division · 1969
  4. Burke v. DorfanNew Jersey Court of Chancery · 1927
  5. Minch v. SaymonNew Jersey Superior Court Appellate Division · 1967

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