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Sprague v. Kimball

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.213 Mass. 380, 100 N.E. 622 (1913)

Brief Fact Summary. The Plaintiffs sued the Defendant to attempt to enforce restrictions of a deed, for the second, third, fourth, and part of the fifth lot of land, which Defendant subdivided. The enforcement sought by the Plaintiffs would be against the sale of the remainder of the fifth lot to Grossman without restrictions.

Synopsis of Rule of Law. In order to be enforceable, a restrictive covenant must be in writing, signed by the party against whom enforcement is sought, and executed contemporaneously to the sale of the land upon which the restriction is sought to be enforced.


Facts. The restrictions in question limit the land to residential use and forbid the building of any houses within twenty-three feet of the street.

Issue. Could the Plaintiffs, themselves, being restrained in the use of their land, enforce the same agreement as against Grossman, who took title from Defendant without the restrictions?
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