Allen v. Hamilton

Citations

• 175 Pa. 339
• 38 W.N.C. 345
• 34 A. 667
• 1896 Pa. LEXIS 1253

Syllabus

<p>Deeds — Covenants running with land — Equity.</p> <p>A deed contained a covenant by the grantor that a house belonging to 'him on a lot adjoining the lot conveyed should be “for ever hereafter ■restricted from having any building or part of a building attached to the said messuage now thereon erected of a greater height than ten feet from the surface of the yard.” Held, (1) that the word “ now” as applied to 'the building only measured the exact quantity of ground unrestricted, as well as the quantity which was burdened with the restriction; (2) that following the decision in Landell v. Hamilton, supra, 327, the covenant ■should be enforced in equity.</p>