Howard Weiss v. Fayant

PREWITT, Judge.

Plaintiff sought and received a mandatory injunction prohibiting defendants from maintaining a mobile home on real property defendants owned. Plaintiff’s request for the injunction was based on a restrictive covenant prohibiting a “house trailer” or “mobile home”. Defendants contend that the restrictions do not apply to their land, but if they do apply, that equitable relief should be denied plaintiff because plaintiff has “unclean hands”. Defendants claim that plaintiff represented to defendants’ predecessors in title that there were no restrictions on the use of the land and…