Leavitt v. Davis

This is an appeal by the defendants from a decree in equity. The plaintiifs are the owners of a portion of lot numbered 90 at Higgins Beach in front of which lies shore lot numbered 190 owned by the defendants. Lot 190 was used by the defendants for a public parking lot for profit. The decree perpetually enjoined the defendants “from permitting the parking of automobiles, buses or other vehicles” on their lot, thus destroying the parking lot business.

The case arises from the alleged breach by the defendants of a covenant purporting to restrict the use of the land now known as lot 190. The…