Wiggins v. Young

Head, Justice.

F. B. Wiggins and others filed a petition against L. F. Young and others, as trustees, to enjoin the construction of a church building in a stated subdivision. The plaintiffs relied upon the restrictive covenants appearing in a deed in the chain of title of the defendants. The plaintiffs did not allege that the defendants were within the class named in division (a) of the restrictive covenants, nor did they allege that the defendants were violating divisions (b) and (c), relating to the cost of buildings to be erected and the location thereof, or any other restrictive condition…