Mu Chapter Building Fund Inc. v. Henry

Hawkins, Justice.

(After stating the foregoing facts.) It appears that the precise question here presented has not heretofore been passed upon by the courts of this State. While this court, by divided opinion, held in John Hancock Mutual Life Insurance Co. v. Davis, 173 Ga. 443 (160 S. E. 393), that the identical restrictive covenant here involved was not violated by the operation of a boarding house, that ruling is not controlling here, for the reason that in that case there were no such allegations as appear in the present petition — to the effect that the owner of the property, in the use…