Bruce v. McClees

Berry, V. C.

The hill is to enjoin the defendant from maintaining and using a private garage attached to the rear of his dwelling house, which is located on a lot adjoining the residence of' complainant. The only question involved is whether or not that garage, as constructed, violates a restriction, common to? all deeds for lots in the tract, which reads as follows:

“No garage, stable or other outbuilding shall be constructed, erected, placed or maintained upon said land nearer than 100 feet to the east side of Buena Place.”

The garage as constructed is within the proscribed one hundred feet…