Stanley v. Greenfield

Candler, Justice.

1. Where restrictive covenants in a deed exist as a part of a general scheme of development of a subdivision, one lot owner may enforce the covenant in equity against another lot owner who purchased with notice, and each owner will be chargeable with notice whether the covenant was contained in his immediate deed or not, provided it was contained in the deed from the common grantor; and such covenants are to be construed to carry into effect the intention of the parties, which is to be collected from the whole instrument and the circumstances surrounding its execution. Dooley…