Hilsinger v. Schwartz

This bill prays an injunction restraining the defendant from the alleged violation of a building covenant contained in his deed, which, so far as pertinent to this inquiry, reads as follows:

"That the party of the second part * * * will not erect any dwelling-house upon the above-described lot within thirty feet of Mountain View avenue; * * * and no stable to be within one hundred feet of said Mountain View avenue."

This matter is submitted on the pleadings, an agreed state of facts and briefs.

The defendant is erecting a three-car private garage on the restricted lot within thirty feet of…