Mendrop v. Harrell’s Empirical Analysis
1958
Citation profile
2 district · 34 state decisions
How this case has been cited
Cited by 40 later decisions — most recently September 2013 · most notably Mercantile-Safe Deposit & Trust Co. v. Mayor of Baltimore (1987), 662 So. 2d 1064 - Goode v. Village of Woodgreen Homeowners Ass'n (1995)
2 district · 34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings Bank · People Ex Rel. Prince v. Brophy · Everett Factories & Terminal Corp. v. Oldetyme Distillers Corp. · 55 Ohio App. 412 - Maher v. Cleveland Union Stockyards Co. · Board of Improvement of Paving District No. 7 v. Brun
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The 1955 deed from appellants to Harrell creating the covenant was on record at the time First Federal loaned its money to the McNairs and Buchanans, and took its deeds of trust. The lender had constructive notice of the existence of the affirmative covenant. The deed from Harrell to McNair specifically referred to the 1955 deed; that from Harrell to the Buchanans did not. However, the 1955 deed nevertheless constituted constructive notice to First Federal of its terms and restrictions, because, "a subsequent grantee is required to take notice of a building restriction contained in the original deed, even though such restriction does not appear in the subsequent deeds." Thompson, Ibid., Sections 3616, 3614. A court of equity will enforce any acceptable agreement affecting land against a purchaser with notice of it. Ibid., Section 3615. In brief, First Federal's deeds of trust, with appellee Conaty as trustee, being later in time to appellants' recorded covenant, and First Federal having constructive notice of it, are subordinate to appellants' lien. 233 Miss. at 692-693 , 103 So.2d at 425 .”
1 later decision quote this exact passage“[a] covenant that is incident to the property conveyed and affects its value runs with the land and binds a subsequent purchaser... . [Thus, a] covenant running with the land can be enforced by the owner of some part of the dominant land for the benefit of which the covenant was made, namely, the appellants, owners of other parts of the subdivision. (citation omitted). Manifestly, it would be useless and ineffectual to create a covenant running with the land unless it also imposed on the property a lien for its enforcement. Nor is it necessary that the deed containing a covenant of this type expressly state that it shall constitute a lien.”
1 later decision quote this exact passage“The requirement that a covenant, to be a real rather than a personal covenant, "touch and concern" the land has been explicated in various terms. It has been said that to meet this requirement, the covenant must be so related to the land as to enhance its value and confer a benefit upon it, or, conversely, impose a burden on it. Other authority defines the phrase by saying that to touch and concern the land, a covenant must bear upon the use and enjoyment of the land, and must be of the kind that an owner of an estate or interest in land may make because of his ownership right.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.