Jeffery v. Lathrup

Plaintiffs-appellants are home owners in a developing subdivision who filed a bill of complaint in equity to restrain alleged violation of a building restriction and a drainage easement in the construction of an adjacent house. After hearing plaintiffs’ testimony, the Oakland county circuit judge granted defendants’ motion to dismiss the bill of complaint, holding that plaintiffs had not proved their entitlement to injunctive relief and that they have an adequate remedy at law in a suit for damages. Plaintiffs appeal.

Appellant Jeffery bought a home in September, 1956, in the Woodcroft…