Legal Opinion

Deibel v. Wilson

Ohio Court of Appeals

Decided December 13, 1957No. 5792PublishedCited by 3 opinions

1Opinion of the Court

OPINION

By HORNBECK, J.

This is an appeal on questions of law and fact from a judgment of the Common Pleas Court denying an injunction to plaintiffs and dismissing their petition.

Plaintiffs are owners of dwellings in Rosemary Addition to the City of Columbus. Defendant, a physician in the general practice of medicine, since 1946 has been the owner of Lot No. 77 and one half of Lot No. 78 in Rosemary Addition, also known as 26-28 West Henderson Road.

The deed through which defendant acquired his lots carried, by reference, a restriction that his lots “shall be used for (1) residence purposes only…

2Cases cited13 opinions

  1. State v. FerrantoOhio Supreme Court · 1925
  2. Beirn v. MorrisSupreme Court of New Jersey · 1954
  3. Tomko v. VissersSupreme Court of New Jersey · 1956
  4. Briggs v. HendricksCourt of Appeals of Texas · 1946
  5. Semple v. SchwarzMissouri Court of Appeals · 1908

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Boston v. Montville Township Zoning Board of AppealsMedina County Court of Common Pleas · 1972
  2. Swineford v. NicholsTuscarawas County Court of Common Pleas · 1961
  3. Opinion No. Oag 48-75, (1975), Wisconsin Attorney General Reports1975

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