Rogers v. Zwolak

The Chancellor.

This suit is to enjoin the erection of a building in violation of a building line restriction. Joseph Tatnall, owning a large tract of land in Wilmington on the northerly side of Market Street, and extending from a point a short distance west of Twenty-Fourth Street to a point east of Twenty-Eighth Street, a distance of about fifteen hundred feet, sold and conveyed on August 6 and 7, 1878, to divers persons in separate lots all of the land between Twenty-Fourth and Twenty-Sixth Streets, and in each deed there was the following provision:

“Provided always, nevertheless, and it is…