Walker v. Renner

• Decision Date: 19 January 1900
• Citation: 60 N.J.E. 493,46 A. 626
• Parties: WALKER et al. v. RENNER.
• Court: New Jersey Supreme Court

46 A. 626

60 N.J.E. 493

WALKER et al.

v. RENNER.

Court of Errors and Appeals of New Jersey.

Jan. 19, 1900.

Appeal from court of chancery.

Bill filed by Herman Walker and others against Samuel E. Renner. From an order granting an injunction, defendant appeals. Reversed.

Smith & Mabon, for appellant Corbin & Corbin, for respondents.

DEPUE, C. J.The bill in this case sets out that the complainants were owners of a tract of land situated at the top of the Palisades, in the county of Hudson; that the complainants, desiring to establish an attractive neighborhood for residences, caused a map of said property to be made, entitled, 'Map of Eldorado, Weehawken, Hudson County, N. J.," which was filed in the office of the register of Hudson county October 27, 1895. This map shows that the tract of land was laid out in streets, with lots designated thereon. Among the lots so designated, more than 100 were marked as lots 25 feet front and rear, and 105 feet in depth. With a view to sales, the complainants had a deed prepared and printed in blank, which contained certain building restrictions, among which is the following: "And the party of the second part doth hereby further covenant and agree to and with the parties of the first part, their heirs and assigns, for and in behalf of himself, his heirs and assigns, that the lot [with a blank left for the letter "s"] hereby conveyed is not to be subdivided, and that no more than one residence is to be erected upon the same." By a deed dated September 12, 1895, the complainants conveyed to one Frederick Gamm lots 15 and 10 by numbers, referring to the map. In the deed for these lots, in the clause of restriction, the word "lot" is left without any sign of plurality inserted. Under the deed, Gamm erected a single dwelling on lots Nos. 15 and 16, treating them as one lot. Subsequently, on March 27, 1896, the complainants conveyed to the said Gamm lots 13 and 14, adjoining 15 and 16 on the east, and fronting on the same street. They are described as lots 13 and 14 on the map, without any further description. In the latter deed the language of the restriction is that "The party of the second part hereby further covenants and agrees to and with the said parties of the first part, for and in behalf of himself, that the lots .hereby conveyed is not to be subdivided, and that no more than one residence is to be erected upon the same." Gamm subsequently conveyed to the defendant, Renner, who commenced to erect a dwelling...