(DOWNLOAD) "Hyder V. Brenton" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Hyder V. Brenton
- Author : New Mexico Court of Appeals
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This suit in Bernalillo County District Court results from a dispute between neighbors, Mr. and Mrs. Hyder and the Brentons (Mrs. Brenton, her son, Manuel Medina Martin and his cousin, David Meadmore). The Hyders sought an injunction against further improvements on land they had sold to Mrs. Brenton, along with damages, and rescission of the sale. The district court issued the injunction pending trial. After the non-jury trial the court found for the Hyders and granted rescission of the sale and injunctive relief. Defendants appeal, specifically objecting to conditions of the judgment which would permit them to retain the property if the property is replatted and if all permanent structures and improvements are removed. The question is whether erection of a wall and use of the property for gardens rather than a single family dwelling violates a restriction in the deed by which the Hyders conveyed the property to Mrs. Brenton. The restriction reads: "One family dwelling -- 2500 square feet exclusive of open porches and garage." We do not find this provision so limiting and therefore reverse.
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