Glorieux v. Lighthipe

The opinion of the court was delivered by

Swayze, J.

This is an action on covenants for title contained in a deed from the defendants, heirs of Charles A. Lighthipe, to William L. Glorieux. The breach alleged is the existence of an encumbrance in the form of building restrictions. This is said to have been created by a covenant in a deed for adjoining land made by Charles A. Lighthipe, the *200ancestor, to one Marsh, in which Lighthipe covenanted that he would not convey the land subsequently conveyed by his heirs to Glorieux,-unless the grantee should enter into a covenant of the same nature,…