Hamm v. Wilson

The exception in this case is to a judgment denying an interlocutory injunction. The case was submitted on the pleadings. The prayer in the petition was: “That defendant be restrained and enjoined from continuing to occupy and use the building on said property for a residence for more than one family.” The petition showed that the defendant was the owner of a described building lot on which a residence building had been erected. Defendant’s deed to the land contained the following restrictions, among others not material: “1. Said lot shall be used only for residential purposes and no business…