Hutchinson v. Ulrich

Citations

• 145 Ill. 336
• 21 L.R.A. 391

Syllabus

<p>1. Conveyance—covenant in a deed creating an easement in adjacent property.' The owner of twelve lots, of fifty feet each, fronting on an avenue, conveyed lot 10 by a deed containing this provision: “It is understood and agreed, as a part of the consideration above expressed, that the purchaser is to erect on the premises described herein a single dwelling, costing not less than $7,500, said dwelling to be commenced within a period of forty-five days from this date. It is further agreed that the seller will sell the remaining lots * * * to parties who will cause to be erected single dwellings only on each lot of fifty feet.” Meld, that this provision inured to the benefit of all subsequent purchasers of the remaining eleven lots from the grantor, and that by the terms of the covenant an easement was created in their favor, as to all of the eleven lots sold after the execution of the deed to lot ten, which a court of equity would enforce.</p> <p>2. Same—intention of parties determined from the deed itself . In such case the intention of the parties must be determined from the language of the deed itself, considered in connection with the surrounding circumstances at the time the deed was executed.</p> <p>3. Words and Phrases—the word “single” construed. A deed for two lots, each of fifty feet frontage on the east, contained this restriction: “It is understood and agreed, as a part of the consideration expressed above, that only a single dwelling is to be constructed or placed upon each fifty-foot lot, and that no building shall be placed upon the east thirty feet of said premises:” Held, that the word, “single,” referred to the structure and not to the use that should be made of the building,- and meant that only one dwelling house should be erected on each fifty-foot lot; also, that the clause required the property to be used for residence purposes only.</p> <p>4. In such case the parties holding under such deed had the right to erect a flat or apartment building