Henricks v. Bowles

Plaintiffs filed a claim for an injunction to restrain the defendant from constructing a gasoline service station. A Master in Chancery recommended that the complaint be dismissed. The chancellor sustained exceptions to the Master’s report and entered a decree permanently enjoining the defendant from constructing a gasoline service station on the premises. The defendant appeals.

The unrecorded subdivision in which the lots of the parties are located was platted by the original sub-divider in 1941 into 32 lots. Every lot was conveyed by the subdivider, subject to identical restrictive…