Schechter v. Taylor

The question presented by this petition for declaratory judgment is whether restrictions in plaintiff’s deed prohibit the construction of apartment houses on her land. A hearing was begun before a master who declared a mistrial because of personal disqualification discovered during trial, and the matter was presented to the superior court on an agreed statement of facts and a partial transcript. The Court, Leahy, C J., following a view, made certain findings and transferred the question without ruling.

Defendant Taylor and his wife are owners of land abutting that of plaintiff. Both parcels…