Puddington v. Vielbig

The parties to this suit are owners of adjoining lots, with dwellings on Madison avenue, Madison, parts of a seven-acre tract once owned by Francis S. Lathrop. Mr. Lathrop restricted the tract to two dwellings, and later released the restriction as to number. The defendant is using her dwelling as an inn, and the complainant claims that she is bound by the covenant, and seeks to restrain its violation. In 1866, Mr. Lathrop conveyed the tract to Antoinnette Van Voorst, who covenanted, inter alia, "That no buildings excepting dwelling houses and the necessary outbuildings shall be erected…