Charlotte Consolidated Construction Co. v. Cobb

Stacy, 0. J.,

after stating the case: The principal question for decision is whether a building restriction in a deed which provides that the lot of land thereby conveyed “shall be used for residential purposes only . . . and there shall not at any time be more than one residence or dwelling-house on said lot (servants’ house excepted),” is violated by tbe erection on, said premises of an apartment bouse containing four apartments, eacb designed for tbe separate accommodation of a family or family group.

The plaintiffs assert the affirmative of this question and rely upon Bailey v. Jackson, 191…