McNichol v. Townsend

Leaking, Y. C.

Complainant seeks the enforcement of a certain restrictive stipulation which is contained in a deed of conveyance made to defendant’s predecessor in title. Omitting unimportant details, the facts may be briefly stated as follows: October 19th, 1888, one Brown owned several lots on States avenue in Atlantic City. On that day he conveyed to one Graham a lot on the easterly side of the avenue at the corner of Pacific avenue. The deed of conveyance contained the restrictive clause now in question, which was in this language:

“Under and subject, nevertheless, to the following…