Romig v. Modest

This is an appeal on questions of law and fact from a judgment of the Common Pleas Court of Montgomery County granting a mandatory injunction requiring defendants to remove a fence erected on their lot.

This is a suit in equity and is in this court de novo. By stipulation, the record taken below is submitted as the evidence in this court.

The action involves the enforcement of a restrictive covenant in a deed. The petition alleges that plaintiffs and defendants are the owners of adjoining lots on the First Addition to Hills-Dale Plat, Montgomery County, Ohio. The plat is subdivided into 53…