Levy v. Schreyer

The action is to enjoin the violation of restrictive covenants in a conveyance, and the controversy only as to the sense and scope of the restrictions.

The defendant engaged not to erect or carry on upon the premises any “ tenement-house,” or any houses except private dwellings; ” and of these “ the front walls * * * shall set back at least ten feet from the front line of the lot.”

It appears, by concession or uncontroverted proof, that the house of which the construction is sought to be restrained is to be occupied by two families living. separately and independently in different stories; that…