Noble, Et Ux. v. Kisker, Et Ux.

The appeal in this case is from an order and decree dismissing bill of complaint in a suit instituted to-enjoin the use of a residence as a private school in violation of an alleged restrictive covenant in deeds.

The question to be determined is stated by the appellants as follows:

“Where specified real property, by a covenant in a warranty deed, is restricted for residential purposes only, is it a violation of that restrictive covenant to use the property for the operation and maintenance of a private school for which tuition is charged and collected from students, and to which inhabitants of…