Mairs v. Stevens

—Plaintiffs have recovered a judgment perpetually enjoining and restraining defendants from the construction of a highway across a lot owned by the defendants, upon the ground that such a road is a violation of a restrictive covenant contained in the deed to the premises. Judgment reversed on the law, with costs, and judgment directed in favor of the defendants dismissing the complaint, with costs. The restriction involved herein prohibits the erection or maintenance “ on any part of the premises herein conveyed any buildings other than dwelling houses for one family * * * and * * * not more…