Anderson v. Henslee

Opinion of the Court by

Judge McCandless—

Reversing.

Plaintiff sued to prevent the erection of an apartment house on the lot adjoining her residence lot, relying on a building restriction embraced in the deed of a common grantor. Defendants admitted their purpose to be to erect an apartment building with 16 family apartments, but denied that the construction of such building violated the terms of the restriction or that the restriction inured to plaintiff’s benefit. On final hearing the chancellor denied plaintiff any relief and dismissed her petition. She appeals.

Summarizing the events leading…