Cleveland Realty Company v. Hobbs

The trial judge concluded as a matter of law “that since the . . . restrictions which are contained in the deed from Cleveland Realty Company to Cleveland Country Club, Inc., did not appear in either the granting clause or in the habendum clause, but were merely contained therein after the description of the property being conveyed, . . . such restrictions were of no effect and were invalid, and as such, amounted to mere surplusage.” Appellants contend that this is error, and we agree.

The judge probably had in mind the following well established rule of law: “When the granting clause in a…