Schwarzschild v. Welborne

The appellants are four of seven complainants who brought suit against the appellee, as defendant, to enjoin her from an alleged violation of a restrictive covenant in a deed in her title. The trial court refused to grant the injunction for the reason, as stated in a written opinion, that the defendant had not violated the covenant, and also, that under the facts and circumstances it would be inequitable to grant it.

No evidence, was taken but the facts were, agreed in two written stipulations, the first of which contains this paragraph:

“1. That the sole question to be determined in this cause *1054…