Harris v. Pease

In this action for a declaratory judgment, the plaintiff sought to have determined the validity and enforceability of a provision in a deed of 204 acres of land wherein the grantee for himself, his heirs and assigns agreed that no buildings should ever be erected on a part comprising about 8 acres. The trial court held that the restriction was valid and enforceable, and the plaintiff has appealed.

So far as necessary for the determination of the issue before us, the facts found may be briefly stated: In 1921, John Doyle owned a tract of land comprising about 212 acres, and in that year he sold…