Hepburn v. Long
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary B. Hepburn, from a judgment of the Supreme Court in favor of the defendant, entered in the" office of the clerk of the county of Westchester on the 1st day of July, 1910, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint.
1Opinion of the Court
Hirschberg, J.:
The action is brought to restrain the defendant from maintaining a building erected by him as a garage upon certain property occupied by him in the village of White Plains, as within the restrictive covenant of the deed of the property. The deed, provides that the premises should be used for residential purposes only and that “no building or structure of any kind whatsoever other than a dwelling house shall be erected thereon.” The learned trial court has found as, a fact that the defendant, in addition to his dwelling, house erected on the premises, has also constructed and…
2Cases cited1 opinion
- Beckwith v. PirungAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Ringgold v. DenhardtCourt of Appeals of Maryland · 1920
- Carter v. PaceMississippi Supreme Court · 1956
- Perpall v. GloadNew York Supreme Court · 1921
- Wilmot v. GandyNew York Supreme Court · 1924