Rabinowitz v. Rosen
Supreme Court of Pennsylvania
Appeal, No. 241, Jan. T., 1921, by defendants, from decree of C. P. No. 1, Pbila. Co., Sept. T., 1919, No. 2638, on bill in equity, in case of Juda Rabinowitz et al. v. Harry Rosen et al. Bill in equity for injunction to enjoin violation of building restriction in deed. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The court awarded an injunction. Defendants appealed. Error assigned, inter alia, was above decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
The principal question in this case involves the construction of a building restriction, which controls a row of eight two-story porch-front dwellings on Elmwood avenue, West Philadelphia. The front wall of these houses is on a line drawn a few inches more than 18 feet back from the official building line of the street, with the porches extending from the front of the houses about 7 feet, 9 inches.
When the original owner of these buildings sold the houses to individual buyers he inserted the following restrictions in each deed: “Under and subject…
2Cases cited2 opinions
- Murphy v. AhlbergSupreme Court of Pennsylvania · 1916
- Meigs v. LewisSupreme Court of Pennsylvania · 1894
3Cited by9 opinions
- Price v. AndersonSupreme Court of Pennsylvania · 1947
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Ladner v. SiegelSupreme Court of Pennsylvania · 1928
- Drucker v. RussellSupreme Court of Pennsylvania · 1924
- Binswanger v. HymanSupreme Court of Pennsylvania · 1921
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