Finch v. Unity Fee Co.

Dowling, J.:

This action is brought under the provisions of section 473 of the Civil Practice Act and rules 210-214 of the Rules of Civil Practice for a judgment declaring the rights of the various parties under a certain restrictive covenant affecting a portion of the plaintiffs’ premises. From a judgment in their favor this appeal is taken.

The situation of the various parcels of property involved in the controversy herein can best be understood by reference to the diagram on page 433.

Robert Burns, in 1857, became the owner of parcels A, D and E. The property was on the west side of Sixth…