Atkinson v. England

Reid, Chief Justice.

1. It may be stated at the outset that the character of the restriction to be dealt with is not here involved. The correctness of the judge’s ruling in granting the injunction turns upon whether there was in fact a restriction by the grantor and whether the grantee, Atkinson, had notice of it. The efforts by the joint owners by their covenant in writing to establish a restriction is not important, except for a recital in it which has been quoted and will later be mentioned. This is true because Atkinson’s grantor was not a party to it. She undertook to convey to him a…