Myers v. Smith

This is an appeal on questions of law and fact from a judgment entered in the Common Pleas Court of Summit County, Ohio. The action seeks to enjoin the claimed violation of a covenant running with the land, and, by a mandatory order, to require the removal of a certain construction built in claimed violation of the restriction. No question is raised as to the validity of the covenants as prepared, recorded and made a part of the restrictions in the allotment, known as the Searlhurst Allotment, Cuyahoga Palls, Ohio.

George R. Myers and his wife are the owners of a lot adjoining the house and…