Sutton v. Head
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY APPEAL FROM NELSON CIRCUIT COURT. Brief not in record. A restriction in a deed not to sell on the premises conveyed, spirituous liquors in less quantity than live gallons, is a covenant running with the land, and is not void as in restraint of trade. (Story’s Equity Jurisprudence, secs. 292, 928; Smith’s Mercantile Law, 38; Stephens’ Nisi Prius, 1113; 4 Bibb, 488; 7 J. J. M., 369.)
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
In 1875 the appellee, F. M. Head, for the recited consideration of fifty dollars, conveyed to the appellant, Henry Sntton, a small lot in the town of New Hope. The deed contained this clause: “No intoxicating liquors are to be sold on said premises in less quan*157titles than five gallons.” It was inserted because the vendor’s store and dwelling-house were near by, and the lot had been conveyed to him with a like, restriction as to its use.
The appellant, Sutton, built a house on it, which was used for various purposes for several years, and until a…
2Cases cited2 opinions
- Pyke v. ThomasCourt of Appeals of Kentucky · 1817
- Turner v. JohnsonCourt of Appeals of Kentucky · 1838
3Cited by21 opinions
- Ferris v. American Brewing Co.Indiana Supreme Court · 1900
- Batman v. Louisville Gas & Electric Co.Court of Appeals of Kentucky · 1920
- Clemons v. MeadowsCourt of Appeals of Kentucky · 1906
- Stovall v. McCutchenCourt of Appeals of Kentucky · 1900
- Jennings v. Shepherd Laundries Co.Court of Appeals of Texas · 1925
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