Kathan v. Williams

Michigan Supreme Court

Kathan v. Williams

15 N.W.2d 137, 309 Mich. 219, 1944 Mich. LEXIS 321

CourtMichigan Supreme Court

DecidedJune 30, 1944

DocketDocket No. 19, Calendar No. 42,481.

StatusPublished

Cited by1 cases

This text of 15 N.W.2d 137 (Kathan v. Williams) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kathan v. Williams, 15 N.W.2d 137, 309 Mich. 219, 1944 Mich. LEXIS 321 (Mich. 1944).

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Opinion

Reid, J.

This case was submitted upon the same testimony taken in the case of Kathan v. Stevenson, 307 Mich. 485. The relief sought is to enforce a claimed reciprocal negative easement respecting property adjoining the property involved in that case, barring use and occupancy by persons of Afri *220 can descent. For reasons similar to those recited in the opinion of Mr. Justice Wiest, the trial judge found that there never had been any restrictions limiting the use and occupancy of these premises to persons of the Caucasian race either placed on record, in any deeds of conveyance, or adopted by general plan by or among the persons interested in properties on Arden Park that were binding upon owners' and future purchasers without notice; and that there was no actual notice to defendants that these parcels could not be used and occupied by them as their residences. In accordance with that finding the trial judge by his decree dismissed the bill.

In Kathan v. Stevenson, supra, at p. 490 this Court said:

“There was no plan or agreement common to all home owners in the subdivision relative to racial use and occupancy of premises.”

The finding by the trial judge is determined to be correct. The decree appealed from is affirmed. The appellees not having filed a brief, no costs are allowed.

North, C. J., and Starr, Wiest, Btjtzel, Sharpe, and Boyles, JJ., concurred. Bushnell, J., did not sit.

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Reid, J.

This case was submitted upon the same testimony taken in the case of Kathan v. Stevenson, 307 Mich. 485. The relief sought is to enforce a claimed reciprocal negative easement respecting property adjoining the property involved in that case, barring use and occupancy by persons of Afri *220 can descent. For reasons similar to those recited in the opinion of Mr. Justice Wiest, the trial judge found that there never had been any restrictions limiting the use and occupancy of these premises to persons of the Caucasian race either placed on record, in any deeds of conveyance, or adopted by general plan by or among the persons interested in properties on Arden Park that were binding upon owners' and future purchasers without notice; and that there was no actual notice to defendants that these parcels could not be used and occupied by them as their residences. In accordance with that finding the trial judge by his decree dismissed the bill.

In Kathan v. Stevenson, supra, at p. 490 this Court said:

“There was no plan or agreement common to all home owners in the subdivision relative to racial use and occupancy of premises.”

The finding by the trial judge is determined to be correct. The decree appealed from is affirmed. The appellees not having filed a brief, no costs are allowed.

North, C. J., and Starr, Wiest, Btjtzel, Sharpe, and Boyles, JJ., concurred. Bushnell, J., did not sit.

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Bluebook (online)

15 N.W.2d 137, 309 Mich. 219, 1944 Mich. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kathan-v-williams-mich-1944.

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