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Tulk v. Moxhay

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Bloomberg Law

Citation. 41 ER 1143, Volume 41

Brief Fact Summary. Plaintiff owned a garden with a statue, which he sold to another person with a covenant that the garden would be maintained as such, and would be opened to the residents of the square surrounding the garden. The Defendant is a subsequent owner of the garden. His deed did not mention the covenant, however, he did have knowledge of this agreement. Defendant sought to build onto the garden, which was not allowed under the covenant.

Synopsis of Rule of Law. Defendant must comply with the covenant, because he had notice of the covenant when he purchased the land.

Facts. Plaintiff filed a Bill for Injunction against the Defendant to prevent him from altering the character of the garden. The injunction was granted, so Defendant filed a Motion to Discharge the Injunction.

Issue. Should the Defendant be allowed to use the land in a manner inconsistent with the contract entered into by the individual who sold Defendant the land, when the Defendant had notice of the restriction?

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