Legal Opinion

Whealkate Mining Co. v. Mulari

Michigan Supreme Court

Decided May 1, 1908No. Docket No. 55PublishedCited by 6 opinions

Appeal from Chippewa; Steere, J. Bill by the Whealkate Mining Company against Ollie Mulari and Mattie Dahlman to enjoin the violation of a condition in a deed. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtMontgomery, J.

The complainant is a mining corporation organized under the laws of the State of Michigan, and is owner of a piece of land which was platted as a townsite prior to 1903. The land was wholly unoccupied, and the company drained the land, built roads and streets, and laid out what is known as the town of South Range, and from time to time sold a large number of lots in the town. It adopted a form of deed which contained a condition and agreement as follows:

“ The estate hereby conveyed to the party of the second part is expressly made subject to the following conditions, hereby agreed to by the…

2Cases cited6 opinions

  1. Beal v. ChaseMichigan Supreme Court · 1875
  2. Watrous v. AllenMichigan Supreme Court · 1885
  3. Smith v. BarrieMichigan Supreme Court · 1885
  4. Chippewa Lumber Co. v. TremperMichigan Supreme Court · 1889
  5. Jenks v. PawlowskiMichigan Supreme Court · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Alamogordo Improvement Co. v. PrendergastNew Mexico Supreme Court · 1940
  2. Messett v. CowellWashington Supreme Court · 1938
  3. Buckalew v. NiehussSupreme Court of Alabama · 1947
  4. Calumet Council Building Corp. v. Standard Oil Co. of IndianaCourt of Appeals for the Seventh Circuit · 1948
  5. Hammond v. HibblerMichigan Supreme Court · 1911

1 more not listed; retrieve them via the Exa API.

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