Highland Realty Co. v. Groves
Court of Appeals of Kentucky
CASE 49. — ACTION BY THE HIGHLAND REALTY COMPANY AGAINST CHARLES I. GROVES TO ENJOIN THE ERECTION OP A STABLE. — Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Circuit Judge. Judgment for defendant. Plaintiff appeals. — POINTS AND AUTHORITIES. 1. The covenant in appellee’s deed prohibits the erection of anything other than such a residence as is prescribed therein anywhere upon the lot.
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CASE 49. — ACTION BY THE HIGHLAND REALTY COMPANY AGAINST CHARLES I. GROVES TO ENJOIN THE ERECTION OP A STABLE. — Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Circuit Judge. Judgment for defendant. Plaintiff appeals. — POINTS AND AUTHORITIES. 1. The covenant in appellee’s deed prohibits the erection of anything other than such a residence as is prescribed therein anywhere upon the lot. (Roberts v. Porter, 100 Ky., 130.) 2. Even though the covenant be construed to permit the erection of a stable as an incident to a residence, the erection of a stable…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear—
Reversing.
The appellant laid out a subdivision on the outskirts of the city of Louisville, beyond the city limits, but practically being a part of the urban property. It laid out streets, alleys, and courts, and cut up into lots the property so platted. Many of the lots have been sold to purchasers for residence purposes. The scheme was widely advertised that none but well-appointed residences would be allowed in the subdivision, and that no other class of buildings would be suffered. In the deeds to each lot sold a condition was imposed that the…
2Cases cited4 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- Albany Christian Church v. WilbornCourt of Appeals of Kentucky · 1902
- Blakemore v. StanleyMassachusetts Supreme Judicial Court · 1893
- Roberts v. PorterCourt of Appeals of Kentucky · 1896
3Cited by17 opinions
- Moore v. StevensSupreme Court of Florida · 1925
- Goodwin Bros. v. Combs Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Anderson v. HensleeCourt of Appeals of Kentucky (pre-1976) · 1928
- Biltmore Development Company v. KohnCourt of Appeals of Kentucky (pre-1976) · 1931
- Greer v. BornsteinCourt of Appeals of Kentucky (pre-1976) · 1932
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