Long v. Cramer Meat & Packing Co.

Appeal from Judgment—Bevibw of Evidence.—The evidence cannot be reviewed on an appeal from a judgment, unless the appeal be taken within the time limited by the code for that purpose.

Id.—Findings—Judgment—Creation of Bight by Written Instrument.—Where a grant or deed is necessary to the creation of a right affecting certain land, and the court finds such right to exist, the findings to support the judgment cannot be construed as declaring the creation of the right under such a written instrument, when all the evidence tending to establish the right shows that it was founded on promises and agreements resting wholly in parol, and antedating the acquisition of the title to the land.

Id.—Parol Agreement Not to Herd Sheep on Land—Covenant Bunning with Land..—A parol agreement entered into between persons who subsequently became tenants in common of land, that they would not herd or graze sheep thereon, which was not evidenced by any writing nor embodied in any grant of the land, cannot be considered as a covenant running with the land. It was not for the direct benefit of the property, but was a restriction and limitation upon its use, and therefore neither in its creation nor in its purpose did it conform to the requirements of the law as to covenants running with the land.

Id.—Personal Covenant—Enforcement Against Covenantor’s Grantee.—Such an agreement cannot be considered as a personal covenant binding upon the grantee of one of the tenants in common, which equity will enforce. While equity will enforce against the covenantor’s grantee a personal covenant imposing restrictions upon the use of land contained in the grant thereof, it will not do so where the restriction is sought to be created by parol. The same rule would apply if the parol agreement attempted to create some servitude.

Id.—Agreement Not to Be Performed Within One Year—Statute of Frauds.—Such parol agreement, if not limited in the period of its operation to one year, would do violence to the statute of frauds, and could not have been specifically enforceable even against the original parties to it, and cannot be enforced against a grantee of one of such parties.