Murtha v. McGarry

Complainants' bill seeks to restrain the erection, maintenance and use of a private garage structure attached to the dwelling house on defendant's lot — as being in contravention of restrictive covenants contained in defendant's deed and in the deeds of all other owners of lots in that particular neighborhood development.

The covenants in question run with the land; they were created in 1920 and are effective until January 1st, 1935. They provide that the owner —

"Shall not * * * erect * * * upon the * * * premises or any part thereof, any building to be used or occupied for any other purpose…