Smith v. Volk

OPINION

By THE COURT:

This is an appeal on questions of law and fact from a judgment of the Common Pleas Court of Montgomery County, Ohio, granting a permanent injunction against the defendants in the use of their property. The action involves the legal effect of deed restrictions. The matter was submitted to this court on the record taken in the trial court.

In 1921 Adolph W. Smith, one of the plaintiffs, purchased a tract of land consisting of approximately 68 acres situated several miles north of the corporation line of the City of Dayton. In 1925 Smith filed in the Recorder’s Office of…