Legal Opinion

Baker v. Lunde

Supreme Court of Connecticut

Decided July 5, 1921PublishedCited by 22 opinions

Action to restrain the defendants from building a dwelling-house, designed to be occupied by two families, upon a lot in the city of New Haven, in alleged violation of a right in the nature of an easement claimed by the plaintiffs as owners of neighboring lots, brought to the Superior Court in New Haven County where a motion to dissolve the temporary injunction was denied (Greene, J.) and the cause was afterward tried to the court, Kellogg, J.; facts found and judgment…

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Action to restrain the defendants from building a dwelling-house, designed to be occupied by two families, upon a lot in the city of New Haven, in alleged violation of a right in the nature of an easement claimed by the plaintiffs as owners of neighboring lots, brought to the Superior Court in New Haven County where a motion to dissolve the temporary injunction was denied (Greene, J.) and the cause was afterward tried to the court, Kellogg, J.; facts found and judgment rendered for the plaintiffs for a permanent injunction, and appeal by the defendants. On August 16th, 1915, Israel Gordon et…

1Opinion of the CourtCurtis, J.

The court did not find that Gordon et al. divided their land in the square into lots on a map made public, under a plan disclosed thereon or therewith to develop the property as a restricted residential district, to be secured by a covenant, embodying the restrictions, to be inserted in each deed to a purchaser, which covenants appear by the writings or surrounding circumstances to be intended for the benefit of all the land, and that each purchaser is to be subject to and have the benefit of the restrictions, and that such a covenant was to be inserted in all deeds of the land. Therefore…

2Cases cited5 opinions

  1. McMahon v. WilliamsSupreme Court of Alabama · 1885
  2. Bowen v. SmithNew Jersey Court of Chancery · 1909
  3. Wiegman v. KuselIllinois Supreme Court · 1915
  4. Jewell v. LeeMassachusetts Supreme Judicial Court · 1867
  5. Goodwin v. HamersleySupreme Court of Connecticut · 1897

3Cited by22 opinions

  1. Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
  2. Town of Stamford v. VuonoSupreme Court of Connecticut · 1928
  3. Armstrong v. LeveroneSupreme Court of Connecticut · 1927
  4. Bauby v. KrasowSupreme Court of Connecticut · 1927
  5. Neptune Park Assn. v. SteinbergSupreme Court of Connecticut · 1951

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