Frye v. Partridge

Citations

• 82 Ill. 267

Syllabus

<p>1. Vendee—bound by valid agreement of his vendor as to use of land. Where a person purchases real estate with full notice of a valid agreement between his vendor and the original owner, concerning the manner in which the property is to be occupied, he will be bound to abide by the contract under which the land was conveyed.</p> <p>2. Same—equity will restrain violation of terms on which land is conveyed and to be used. Where the owner of land lying on both sides of a river, across which he is operating a ferry, conveys to another a portion of the land, but, for the purpose of protecting his ferry from opposition, provides in the deed that neither the purchaser, nor his heirs or assigns, shall establish or authorize the establishment of a common ferry-boat landing on the land conveyed, without permission from the grantor, such provision is obligatory on the assignee of such grantee, and a court of equity will, at the suit of a devisee of the original owner, enjoin the establishment of a ferry landing on such land.</p> <p>3. Special legislation—authorizing establishment of ferry at a particular' place. An act, the title of which is “ An act to authorize the establishment of a ferry across the Illinois river,” and which is limited in its application to one ferry, and that one located at a definite place, is a special act, and is, therefore, unconstitutional.</p>