Schwab v. Whitmore, Rauber & Vicinus Co.

In an action to foreclose a mortgage upon a plotted tract of land, the complaint alleges that certain defendants, to whom lots have been sold, claim to have the right to enforce certain building restrictions against the premises described in the complaint, which consist of unsold lots, and asks judgment that such claims be cut off. The appealing defendants are the owners of three lots in the tract, and they assert in their defense a right to enjoy, exercise and enforce a uniform plan of restrictions impressed against the entire tract by the mortgagor, who was their grantor. *175The mortgage…