Legal Opinion
Franklin v. Moats
Court of Appeals of Kentucky (pre-1976)
Decided December 17, 1954PublishedCited by 11 opinions
1Opinion of the Court
SIMS, Justice.
Appellants, Herbert Franklin and wife, Marie, own lots 11 and 12 fronting on the east side of Taylor Boulevard in Louisville, as shown by the plat of the Edgehill Subdivision. They acquired these lots subject to certain restrictions, one of which is “lots three through nineteen shall be used for residence purposes only”. They brought this action in equity to have this restriction adjudged unenforceable as to their lots, as they allege the purpose for which the restriction was imposed has ceased to exist. The chancellor in an exhaustive and well-reasoned opinion sustained a…
2Cases cited6 opinions
- Donahoe v. TurnerMassachusetts Supreme Judicial Court · 1910
- Goodwin Bros. v. Combs Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Greer v. BornsteinCourt of Appeals of Kentucky (pre-1976) · 1932
- Duncan v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1887
- Mechling v. DawsonCourt of Appeals of Kentucky (pre-1976) · 1930
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Burnett v. HeckelmanIndiana Court of Appeals · 1983
- Oliver v. SchultzKentucky Supreme Court · 1994
- Rieger v. WesselCourt of Appeals of Kentucky (pre-1976) · 1958
- Anness v. FreemanCourt of Appeals of Kentucky (pre-1976) · 1956
- Osborne v. HewittCourt of Appeals of Kentucky (pre-1976) · 1960
6 more not listed; retrieve them via the Exa API.