Mayes v. Hale

A bill was brought to enjoin the erec*36lion of “an apartment house containing five or six separate and distinct apartments, for five or six separate and distinct tenants or families,” upon a city lot covenanted “to be used for residential purposes only, and only one residence is to be erected on each lot.” The court overruled a demurrer to the bill of complaint, and defendant filed the following plea:

“He admits that he is erecting an apartment house upon the premises in question, which is to be used only for residential purposes, and is to consist of only one building containing six separate…