Moseby v. Roche

FOSTER, Justice.

This is a bill in equity filed by appellees against appellants, seeking an injunction from violating a certain restrictive covenant contained in an alleged contract executed by Harry Moseby, one of the appel-. lants, and by the complainants, or some of them, through whom the others claim. The wife of Harry Moseby is one of the respondents and appellants, but she did not execute the contract.

Counsel for appellees distinctly assert that they do. not rely upon a right to abate a nuisance defined by section 9271 or 9280, Code, but base their claim to an injunction on the violation…