Ellis v. Dubin

Flood, J.,

— Petitioners own vacant ground on a tract which is subject to a deed restriction prohibiting the erection of any building “except for use as a private dwelling”. They seek a declaratory judgment or decree to the effect that duplex-type dwellings may be constructed on the lot notwithstanding the terms of the restriction, which it has been held prohibit such use. See Fox v. Sumerson, 338 Pa. 545 (1940); Taylor v. Lambert, 279 Pa. 514 (1924). Compare Hamnett v. Born, 247 Pa. 418 (1915), and Johnson v. Jones, 244 Pa. 386 (1914).

The petition alleges: (1) That the object of the…