Schaeffer v. Gatling
Citation | 243 Miss. 155,137 So.2d 819 |
Decision Date | 19 February 1962 |
Docket Number | No. 42169,42169 |
Parties | James B. SCHAEFFER et al. v. James S. GATLING et al. |
Court | Mississippi Supreme Court |
Prewitt & Bullard, Vicksburg, for appellant.
Oscar LaBarre, Vicksburg, for appellee.
James B. Schaeffer and his wife, defendants below and appellants here, acquired title on January 10, 1958, to Lots 7, 8 and 9, Dabney's Residential Subdivision located just outside the City of Vicksburg. The plat of said subdivision shows 27 lots, and at the time of trial about 12 residences had been constructed by the various owners of said lots. The subdivision was established in 1948 when the plat thereof was filed and when the original owner conveyed Lots 7, 8 and 9 to appellants' predecessors in title, the deeds contained the following restrictive covenants:
'AS PART of the consideration for the sale of said property to the vendee herein, the said vendee agrees that he will observe the following restrictions and covenants which are to run with the land:
After appellants purchased said lots they constructed a home on Lots 7 and 8 and have since lived thereon. During December 1960, appellants purchased for more than $6,000 a 55-foot Magnolia Mobile Home, commonly known as a house trailer, and moved it on Lot 9 adjacent to their home. Sewer, water and electrical installations were connected to the house trailer which contained three bedrooms and one and a half baths. The trailer was set back thirty-five feet from the front of the lot. After the house trailer was thus placed on said Lot 9 and established on concrete piers with the wheels of the trailer remaining thereon, the daughter and son-in-law and two...
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Kinchen v. Layton
...and enforced, so long as clear language is used. Over twenty years ago, this Court correctly stated in Schaeffer v. Gatling, 243 Miss. 155, 159, 137 So.2d 819, 820 (1962). "If the original owner of the subdivision had desired to prohibit the use of house trailers as residences, this could e......
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City of Gulfport v. Wilson, 89-CA-0470
...as in this case, the restrictive covenants expressly permit the use being made of the land." Id. at 346 citing Shaeffer v. Gatling, 243 Miss. 155, 159, 137 So.2d 819, 820 (1962). Mendrop v. Harrell, 233 Miss. 679, 103 So.2d 418 (1958), the Court construed restrictive covenants and stated: "......
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Lake Serene Prop. Owners Ass'n Inc. v. Esplin
...of the land." Kinchen v. Layton , 457 So. 2d 343, 346 (Miss. 1984) (third alteration in original) (quoting Schaeffer v. Gatling , 243 Miss. 155, 159, 137 So. 2d 819, 820 (1962) ). Restrictive covenants should be "fairly and reasonably interpreted according to their apparent purpose." Mendro......
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McBride v. Behrman
...The court then went on to discuss the terms 'building', 'house', and 'mobile home', among others, and referred to Schaeffer v. Gatling, 243 Miss. 155, 137 So.2d 819, wherein the court indicated that the restriction could have been applicable if 'temporary residences' had been prohibited; it......