Hanna v. Nowell

RUARK, Judge.

What is an eave? The principal question in this case involves construction, not of an eave, but an instrument which excepts eaves.

Defendants-appellants appeal from a mandatory injunction requiring them to remove all portions of a building which extend within eight feet of a property line. 1 The properties involved are located within Hunter Acres First Addition to the City of Sikeston, a residential district. There was in effect and of record a “Declaration in re: Conditions and Restrictions * * *” Paragraph h of said restriction as interpreted by the parties forbids the erection…