Elterich v. Leicht Real Estate Co.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Norfolk county. Decree for complainant. Defendants appeal. This suit was instituted by the appellee against the appellants (who will be hereinafter designated plaintiff and defendants, respectively, in accordance with their positions in the court below), having for its object the obtaining of a permanent injunction restraining the defendants from proceeding with the erection of a certain building alleged to be in violation of…
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Appeal from a decree of the Circuit Court of Norfolk county. Decree for complainant. Defendants appeal. This suit was instituted by the appellee against the appellants (who will be hereinafter designated plaintiff and defendants, respectively, in accordance with their positions in the court below), having for its object the obtaining of a permanent injunction restraining the defendants from proceeding with the erection of a certain building alleged to be in violation of certain restrictions or conditions contained in the deed from plaintiff to one of the defendants, • which conveyed to the…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The questions presented for our decision will be disposed of in their order as stated below:
[1] Is the building proposed to be erected an “apartment house” within the meaning of the sixth clause of the restrictions and conditions contained in the deed to the defendants, the appellants, and hence in violation thereof?
This question must be answered in the affirmative.
No authority precisely in point has been cited before us in argument.
[2] No authorities whatever have been cited in argument for the…
2Cases cited4 opinions
- Kitching v. . BrownNew York Court of Appeals · 1905
- Harris v. RorabackMichigan Supreme Court · 1904
- White v. Collins Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- South & Western Railroad v. MannSupreme Court of Virginia · 1908
3Cited by22 opinions
- Wallace v. St. ClairWest Virginia Supreme Court · 1962
- Deitrick v. LeadbetterSupreme Court of Virginia · 1940
- Lowe v. WilsonTennessee Supreme Court · 1952
- Jernigan v. CappsSupreme Court of Virginia · 1948
- Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1935
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