The theocrat. [volume] (Zion City [i.e. Zion], Ill.) 1914-1949, 1915-09-04


PENDANTS violating.
In July 1906 bill filed in the Federal Court for the
Northern District of Illinois, for Receiver of the Zion
and John Hatey appointed Receiver Afterwards under
order of said court John Alexander Dowie conveyed all his
ZION CITY said Receiver Said Dowe died 1907
election thereafter held the direction the said
Federal Court Wilbur Glenn Volva elected General Over
seer and has since held that position.
The ZION administered said Federal and
of the tract of land belonging said sbdded
by the Receiver and sold under the direction and of the
court to various In most of the convyances executed
by the Receiver the restrictive contained the
conveyances that December 49, 1908 after formal written
had been filed with him. the said Receiver sold Dun
can Bellows three lo including the lot here in question: said
conveyance containing the restrictive question
that the 18th day of December 1908 said Bellows conveyed
portion of said lot under consideration William H. Fabry
by quit claim deed said deed containing of the restrictive
covenants here under consideration that the 23d day Of April
1914 said Fabry conveyed said premises Bradford Simmons
without said restrictive that during that year brick
building erected said premises and the and
has been erection drug store and
physicians Office that known the purposes for
which said building used notices served the de-
PENDANTS that they violating the general plan of the ZION
CITY se and the restrictive contained the leases of
the various essee and that the which said building
put obnoxious harmful and injurious the rights of the
parties whose signed said notice. and who
essee holding title under the leases issued containing said
covenants that said Wilbur Glenn Vova of the
companans General Oversee consulted counsel find
if such of said premises could be restrained in court
equity and result of such consultation this bill filed
behalf companants and others obtain injunction
restraining the Of the premises and hereafter used
alleged in the bill Of complaint.
The bill rectes length various utterances by John Alex
ander Dowe by his attorneys his assistants and agents. also
paragraphs from publications edited owned and
troed by said Dowe effect that ZION CITY site
cured for the purpose of building Godke city, and that the
many evils and other things which prevailed in ordinary
cities would not be permitted in ZION CITY
That land would be conveyed only by lease and that each
lease should contain the restrictive prohibiting the
of the land conveyed for purpose such restc
that John Alexander Dowie General Overseer and
of the ee and his heirs assigns and all subsequent
General Oversee bound equally with the purchasers by
these and that they could be violated by said John
Alexander Dowe anyone else who might obtain lease
yeyance of any tract Of the site said
posed Of people residing this country and practically all
foreign counres that said church has large membership and
Of the inhabitants who reside in said city
prompted here and purchase interest and reside in said
by of said statements which made to the
e scheme and purpose for which the land secured and that
they would have here but for such representations that
they relied upon the representations made and believed when
they purchased their easehod Estates that the easehod
be embodied in all leases in said city and embodied in
their cveyaces such could be and would be enforced
and that they coming reside in city which would be
clean city Godke city and place where they could their
families pure atmosphere free from the evils which prevailed
in ordinary cities that the restrictive covenants covered all OF the
premises the ZION CITY SITE and binding only the
caers their heirs and assigns but upon the lessor well and
that Of the things prohibited by such covenants would be
mted in upon said site
That the Federal Court in the administration Of the estate
recognized these restrictive binding and these
for the part embodied the which
given by the Receiver for the lots which conveyed by
him. that the defendants by of their knowledge of ZION
affairs and their relation ZION and its institutions and fam
ary with its literature and teachings had full knowledge of the
in which the land transferred the restrictions which
had been placed upon its and when they purchased the land
in question: under the general scheme upon which the city
constructed burdened with the restrictive and
could not be used against the protests of interested party for
any purpose any in violation Of these
That each Of them took title to the land in fee and
free from said restrictive covenants but budened with such
fully and to all nents and purposes though said
scve embodied in and made part Of their
respective conveyances that John Alexander Dowie and his
in bound observe said their
part and that there had been and any disposition
their part evade avoid refuse recognize the binding
force and effect of these covenants upon them.
The bill further alleges that the contrary they acknowledge
the binding force of such and have been and
willing and anxious to be bound them The bill further alleges
that IRON CITY has about 5000 inhabitants that nneeven
of the land situated within its boundaries held by convey
in which the restrictive covenants are embodied;