Pennington v. Conway and Ash

Opinion by

Keller, J.,

Appellants, who are owners of real estate in the vicinity of 56th Street and Whitby Avenue, Philadelphia, filed this bill in equity in the Municipal Court to restrain the erection of a private garage in the rear of dwelling No. 5555 Whitby Avenue, owned by Conway, one of the appellees. It was alleged that the construction complained of violated certain building restrictions imposed in Conway’s deed for the benefit of adjacent property holders, and, as it occupied the entire open space in the rear of the dwelling, that it was contrary to the provisions of the Act of May 5,…