John Hancock Mutual Life Insurance v. Davis

160 S.E. 393, 173 Ga. 443, 1931 Ga. LEXIS 336
Supreme Court of Georgia·Decided September 17, 1931·No. No. 8219·Published·Cited by 8 cases

Opinions

Per Curiam.

This case presents only one question to be decided by this court; and that is, whether or not the operation of a boarding-house is in violation of a covenant in a deed reading as follows: “Said land shall not be used otherwise than for residence purposes, and shall not be used for a sanatorium, hospital or infirmary, and no apartment-house shall be erected thereon.” Held, that the operation of a boarding-house is not in violation of the covenant quoted above; and the court erred in granting an injunction in this case, which could only be based upon the conclusion that the operation of the boarding-house referred to was in violation of the covenant.

Judgment reversed.

All the Jusiices concur, except

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John Hancock Mutual Life Insurance v. Davis, 160 S.E. 393, 173 Ga. 443, 1931 Ga. LEXIS 336 (Ga. 1931).

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