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Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Michigan Law Review
Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …