Davison v. Taylor
Michigan Supreme Court
Appeal from Wayne; McDonald, J., presiding.. Bill by Mary A. Davison against John E. S. Taylor and another to restrain the violation of certain building restrictions. From a decree for plaintiff, defendants appeal. On April 17, 1906, plaintiff and her husband, being then owners by the entirety, platted a subdivision in Highland Park known as Davison’s subdivision of Park lot 1 of quarter section 5, 10,000-iacre tract.
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Appeal from Wayne; McDonald, J., presiding.. Bill by Mary A. Davison against John E. S. Taylor and another to restrain the violation of certain building restrictions. From a decree for plaintiff, defendants appeal. On April 17, 1906, plaintiff and her husband, being then owners by the entirety, platted a subdivision in Highland Park known as Davison’s subdivision of Park lot 1 of quarter section 5, 10,000-iacre tract. The subdivision comprised 20 acres, and extended from Woodward avenue west to Hamilton boulevard. The principal street, Davison avenue, extended its entire length. The lots…
1Opinion of the CourtFellows, J.
(after stating the faets). We do not regard the question of whether, under the facts in the case, the provisions of the contract were superseded by those in the deed of importance. The decree went no further than the restrictions in the contract, if it went as far, and it was not seriously controverted upon the argument, but that so far as defendants’ right to do business and store material is concerned, the decree protected him fully under present conditions.
“A person owning-a body of land, and selling a portion thereof, may, for the benefit of his remaining land, impose upon the land…
2Cases cited12 opinions
- Rowland v. . MillerNew York Court of Appeals · 1893
- Schadt v. BrillMichigan Supreme Court · 1913
- Watrous v. AllenMichigan Supreme Court · 1885
- Clark v. MartinSupreme Court of Pennsylvania · 1862
- Misch v. LehmanMichigan Supreme Court · 1913
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3Cited by14 opinions
- McQuade v. WilcoxMichigan Supreme Court · 1921
- Swan v. MitshkunMichigan Supreme Court · 1919
- Putnam v. ErnstMichigan Supreme Court · 1925
- Signaigo v. BegunMichigan Supreme Court · 1926
- Parmalee v. MorrisMichigan Supreme Court · 1922
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