Daniels v. Everett

Davis, P. J.,

Plaintiffs, Elmer J. Daniels and his wife, Leila H. Daniels, have brought this action in equity to restrain defendants, William John Everett and his wife, Jean E. Everett, from erecting on defendants’ premises a two-story structure comprising a garage on the first floor and an “apartment” on the second floor. The complaint alleges that such a structure would be in violation of a building restriction contained in the deed by which defendants acquired title to their property. The case now comes before this court on defendants’ preliminary objections in the nature of a demurrer to…