Welch v. Barrows

This is an action in equity brought by the plaintiff to obtain a mandatory injunction to enforce a restrictive agreement existing on land owned by the defendants. The plaintiff seeks the removal of three cabins from defendants’ land on which plaintiff claims the restriction operates.

The court, after hearing, entered decree for the plaintiff on its findings of fact. The case is here on appeal by the defendants.

The controlling issue in controversy is the location of the area upon which the building restriction applies. Defendants concede this area is “all we are interested with in this case.”

In…