Gamble v. Fierman

BUCK, J.,

pro tem. — This is an appeal by defendants from a judgment enjoining defendants from violating a building restriction in a residence district. [1] Plaintiff and defendants are the owners, respectively, of adjoining lots, each deraigning title by a separate chain of title from a common grantor. Consequently, as between plaintiff and defendants, there is no privity either of contract or estate, and the right claimed by plaintiff is in the nature of an equitable easement as defined and exemplified in the cases of Werner v. Graham, 181 Cal. 174 [183 Pac. 945], McBride v. Freeman, 191…