Higdon v. Jaffa

Tbe primary question presented by this appeal is tbe propriety of tbe compulsory nonsuit.

It is well settled in this State tbat “where tbe owner of a tract of land subdivides it and sells distinct parcels thereof to separate grantees, imposing restrictions on its use pursuant to a general plan of development or improvement, such restrictions may be enforced by any grantee against any other grantee, either on tbe theory tbat there is a mutuality of covenant and consideration, or on tbe ground tbat mutual equitable easements are created.” 26 C.J.S., Deeds, section 167; Brenizer v. Stephens, 220…