MacY v. Wormald

CLAY, Commissioner.

This suit was brought to enjoin defendant appellees from violating a deed restriction by the erection of an apartment house in a residential subdivision. The Chancellor determined that the proposed building did not violate the restriction.

The lot involved, in Lakeside Park Subdivision, was subject to the following restriction prior to its conveyance to defendant Wormald:

“Said lots shall be used only for residence purposes, and only one residence shall be erected upon each lot * * (Our emphasis.)

The deed to defendant Wormald purported to amend the restriction by providing…