Notes On the Law of Real Property

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A. 373) ; Sioux City, &c., B. Co. v. Singer, 49 Minn. 301 (32 Am. St. Eep. 554; 15 L. E. A. 751) ; Odessa, (&c., Co. V. Dawson, 5 Tex. Civ. App. 487 (24 S. W. 576).
On the other hand, in Sutton v. Head, 86 Ky. 156 (9 Am.
St. Eep. 274), the deed contained this clause, which was held to be a covenant running with the land: "No intoxicating liquors are to be sold on said premises in less quantities than five gallons." And in Post v. Weil, 115 IST. Y. 361 (12 Am. St.
Eep. 809; 5 L. E. A. 422), thou
...gh the deed contained apt words of condition, viz. : "Provided always and these presents are upon this express condition, that the aforesaid premises shall not, nor shall any part thereof, or any buildings thereon erected or to be erected, be at any time hereafter used or occupied as a tavern or public house of any kind," it was held that this was a covenant running with the land, and not a "condition subsequent." And see Atlantic Bock Co. v.
Leavitt, 54 N. Y. 35 (13 Am. Eep. 556) ; Hall v. Solomon, 61 Conn.


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