McComb v. Hanly

The opinion of the court was delivered by

Thompson, J.

This is an appeal from a mandatory injunction of the Court of Chancery compelling the defendants to remove or demolish certain buildings constructed by them in alleged violation of a restriction as to cost, running with the land; or, to bring the true cost thereof up to the amount of the minimum imposed by the restriction.

Complainants and defendants are the owners respectively of certain dwelling plots the title to which is derived from a common predecessor in ownership who originally subdivided a larger tract into streets and building…