McMurtry v. Phillips Investment Co.
Court of Appeals of Kentucky
Case 40 — PETITION EQUITY APPEAL. EROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The covenants embodied in the several deeds to lots in St. James Court subdivision, without regard to extraneous 'circumstances, prohibit the erection of the building proposed by appellees.
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Case 40 — PETITION EQUITY APPEAL. EROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The covenants embodied in the several deeds to lots in St. James Court subdivision, without regard to extraneous 'circumstances, prohibit the erection of the building proposed by appellees. Gillis v. Bailey, 21 N. H., 156, 157. 2. In construing, this covenant the court must look to surrounding. circumstances in order to ascertain the meaning of the parties. 1 Jones on Law of Real Property, sec. 748; Gillis v. Bailey, 21 N. H., 156, 157; Hutchinson v. Ulrich, 145 111., 336. 3. Where the owner of a tract of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
This action was brought to restrain the erection of what is known in the record as an apartment house on St. James’ Court in the city of Louisville. The language of the restricting clause in the conveyance controlling the matter is as follows:
'Tt is a condition of this deed that the property herein conveyed shall be used for residence purposes only, and that, in erecting a residence therein it shall be built of brick or stone and shall cost not less than seven thousand dollars and that in erecting said residence the front wall thereof shall be…
2Cited by29 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
- Schwarzschild v. WelborneSupreme Court of Virginia · 1947
- Casterton v. PlotkinMichigan Supreme Court · 1915
- Sanders v. DixonMissouri Court of Appeals · 1905
- Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1935
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