Phœnix v. Commissioners of Emigration

By the court—Duer, Justice.

I entirely concur in the opinion of the chief justice, and in the reasons which he has given; but there are other considerations which press with much, force on my own mind in support of the conclusion that the injunction prayed for ought not to be granted, and these I shall proceed to state.

It is scarcely necessary to say anything more on the subject of the covenant contained in the deed from the corporation to the purchasers of lots fronting the Bowling Green and on State-street. The covenant by its terms is restricted to grounds then “ vacant,” and then “…