Smith v. Spencer

Howell, Y. C.

In 1901 the VanNordt Land Company owned the two tracts of land which are now owned by the complainants and the defendant, respectively, lying in one plot, and undivided. The plot now owned by the defendant was conveyed by it on June 29th, 1901, and by mesne conveyances the title became vested in the defendant. It conveyed the complainants’ land on April 3d, 1902. In the conveyance which it made of the complainants’ tract a covenant was inserted, the portion of which now in dispute reads as follows:

“Only one house shall be built upon said plot, which house shall cost not less than…