Easterbrook v. Hebrew Ladies Orphan Society
Supreme Court of Connecticut
Suit to restrain the defendant from continuing to operate an orphan asylum and home for the aged on certain lots on York Square in New Haven, in alleged violation of the terms of the deed under which the defendant acquired its title and of the conditions and restrictions contained in an earlier deed of trust of which the defendant had notice, and also for damages, brought to and tried by the Superior Court in New Haven County, Gager, ./.; facts found and judgment rendered…
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Suit to restrain the defendant from continuing to operate an orphan asylum and home for the aged on certain lots on York Square in New Haven, in alleged violation of the terms of the deed under which the defendant acquired its title and of the conditions and restrictions contained in an earlier deed of trust of which the defendant had notice, and also for damages, brought to and tried by the Superior Court in New Haven County, Gager, ./.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. In 1834 four persons, all residents of New York, and the owners in common…
1Opinion of the CourtPkentice, J.
It is unquestioned that the plaintiffs have no right to the relief prayed for except as such right arises from a violation of the restrictive covenant running with the land contained in the deed of 1834, by the terms of which the grantors, the predecessors in title of all of the parties to this action, their heirs and assigns, covenant and agree that “neither they nor their heirs or assigns shall or will at any time hereafter erect or permit upon any part of any or either of the said twenty lots any livery stable, slaughter house, smith shop, forge, furnace, steam engine, brass foundry, nail,…
2Cases cited11 opinions
- The Parker Mills v. . the Commissioners of TaxesNew York Court of Appeals · 1861
- Kitching v. . BrownNew York Court of Appeals · 1905
- Harris v. StateSupreme Court of Alabama · 1874
- Clark v. JammesNew York Supreme Court · 1895
- Hickey v. . TaaffeNew York Court of Appeals · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Cheshire Mortgage Service, Inc. v. MontesSupreme Court of Connecticut · 1992
- Moore v. StevensSupreme Court of Florida · 1925
- Jardine v. Superior CourtCalifornia Supreme Court · 1931
- Moore v. SerafinSupreme Court of Connecticut · 1972
- Burton v. Douglas CountyWashington Supreme Court · 1965
61 more not listed; retrieve them via the Exa API.