Wright v. Brooks

William B. Brennan, Jr., J.

The defendant Jones (also known as Hathorn) moves to dismiss the complaint which rests upon article 15 of the Beal Property Law and which seeks a declaration that restrictive covenants contained in a 1925 deed from Bedell Bealty Company, Inc. (Bedell) to Jones and referred to in a 1928 deed from Bedell to J. L. & F. H. Bealty Corporation (J. L. Bealty) are inoperative and of no effect with respect to lands and premises now owned by the plaintiff and derived through J. L. Bealty by a deed which makes no reference to the Jones’ deed restrictions.

Jones owns land…