Hamnett v. Born
Supreme Court of Pennsylvania
Appeal, No. 190, Oct. T., 1914, by plaintiffs, from decree of C. P. Allegheny Co., July T., 1914, No. 457, in equity, refusing an injunction in case of James H. Hamnett, Cooke Bausman, Donald C. McKee, R. J. Hayden and Mollie S. Lewis v. John E. Born. Bill in equity to restrain an alleged violation of a building restriction. Before Reid, J. The opinion of the Supreme Court states the case. The court, on final hearing, dismissed the bill. Plaintiffs appealed.
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Appeal, No. 190, Oct. T., 1914, by plaintiffs, from decree of C. P. Allegheny Co., July T., 1914, No. 457, in equity, refusing an injunction in case of James H. Hamnett, Cooke Bausman, Donald C. McKee, R. J. Hayden and Mollie S. Lewis v. John E. Born. Bill in equity to restrain an alleged violation of a building restriction. Before Reid, J. The opinion of the Supreme Court states the case. The court, on final hearing, dismissed the bill. Plaintiffs appealed. Error assigned} among others, was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The complainants in the bill filed are severally the owners of lots fronting on Woodwell street in the City of Pittsburgh, included in a plan of lots laid out by James H. Hamnett, one of the complainants, and duly recorded. The defendant is owner of four lots also included in said plan. All lots embraced in this plan are held subject to the following restrictions:
“That for and during a period of ten (10) years from and after the first day of November, 1911......no more than one dwelling house shall be erected or maintained on each forty (40) feet of land fronting…
2Cases cited2 opinions
- Johnson v. JonesSupreme Court of Pennsylvania · 1914
- St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
3Cited by19 opinions
- Jones v. Park Lane for Convalescents, Inc.Supreme Court of Pennsylvania · 1956
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Pocono Manor Ass'n v. AllenSupreme Court of Pennsylvania · 1940
- Taylor v. LambertSupreme Court of Pennsylvania · 1924
- Satterthwait v. GibbsSupreme Court of Pennsylvania · 1927
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