Tulk v. Moxhay
Court of Chancery, England
41 Eng. Rep. 1143 (1848)
Tulk (plaintiff) owned Leicester Square, a plot of land that contained houses and a square garden. In 1808, he sold a portion to Elms, conveying the portion in fee but containing a covenant stipulating that the square garden must be maintained and that no houses be built on that ground. The covenant purported to bind Elms as well as his heirs, executors, and administrators. Elms’s land was eventually conveyed to Moxhay (defendant), whose deed did not contain the same covenant, although he took the land with knowledge of it. Moxhay desired to build upon the square garden. Tulk, who still owned several houses on the land, sought an injunction preventing Moxhay from disturbing the square garden. The lower court granted the injunction, and Moxhay appealed.
Rule of Law
Holding and Reasoning (Cottenham, Lord Chancellor)
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