Wolfenden v. Burke

This is an appeal, by leave granted, from an interlocutory ruling of the Gene-see County Circuit Court ordering a separate trial for the plaintiffs’ claims against defendant Fisher and dismissing without prejudice plaintiffs’ cause of action against defendants Burke and O’Heren.

The relevant facts are these. In 1956, by warranty deed, defendant O’Heren conveyed to defendant Burke a 22-acre parcel of land. In 1964 Burke conveyed the same 22-acre parcel to plaintiff Wolfenden, also by warranty deed. The BurkeWolfenden conveyance was made "subject to all building restrictions, easements and…