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Property Keyed to Chase
Humphrey v. C.G. Jung Educational Center
Citation:
624 F.2d 637 (5th Cir. 1980)Facts
On February 11, 1920, Herbert and Blanche Meyer Humphrey and their cotenants conveyed a tract of land in Houston, Texas to Tom Randolph with a deed restriction limiting the property to “residence purposes only” and prohibiting any commercial use. The deed specified that if these restrictions were violated, “said land shall revert to the Grantors herein, should they so elect.” The restrictions were not violated until August 3, 1972, when the property was conveyed to Jasper Galleries, Inc., which demolished the existing residence and constructed an 8,000 square foot art gallery. The commercial use of the property began no later than May 10, 1973. On July 25, 1975, Jasper Galleries conveyed the property to Carolyn Fay, who continued its commercial use. The Humphreys filed their lawsuit on September 3, 1976, three years and three months after the violation commenced, seeking to enforce their right of entry and recover an undivided one-half interest in the property.
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