Ogontz Land & Improvement Co. v. Johnson
Supreme Court of Pennsylvania
Appeal, No. 1, July T., 1894, by plaintiff, from decree of C. P. Montgomery Co., Oct. T., 1893, No. 7, dismissing bill in equity. Bill in equity for an injunction to restrain the construction of a porch.
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Appeal, No. 1, July T., 1894, by plaintiff, from decree of C. P. Montgomery Co., Oct. T., 1893, No. 7, dismissing bill in equity. Bill in equity for an injunction to restrain the construction of a porch. The bill averred that plaintiff on Sept. 16, 1893, by deed, conveyed to defendant a lot of land in Abington township, Montgomery county, Pa., under and subject to the restriction, “ that all buildings upon the said lots shall be erected not less than fifteen feet back from the fence line; ” that defendant had erected and was erecting a building upon the said lot, contrary to said restriction…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Both the bill and the answer are in very brief and general terms, and the facts in regard to the porch in controversy do not therefore appear with precision as to details. The answer however admits that the porch is to be a permanent part of the house, built upon brick foundations, and projecting to within seven feet of the fence line. Prima facie this is in violation of the building restriction. The terms of this are not in dispute. They are that “ all buildings upon the said lots shall be erected not less than fifteen feet back from the fence line.” The inten*181ti…
2Cited by14 opinions
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