Fenton v. Malfas

This is a suit in equity to enforce compliance with building restrictions by compelling the removal of a refreshment stand from land of the defendant. The trial judge indorsed on the bill that after hearing he found and ruled that “the allegations in the within bill of complaint are true; that the defendant has violated the restrictions in his deed contained; that the plaintiffs are not guilty of laches and there was no unreasonable delay on their part in bringing the within bill nor anything showing either actual consent or passive acquiescence on their part.” A decree was entered in favor…