Hamnett v. Born

Citations

• 247 Pa. 418
• 93 A. 505
• 1915 Pa. LEXIS 853

Syllabus

<p>Beal estate — Deeds — Covenant- — Compliance with covenant— Dwelling house — Apartment house — Equity.</p> <p>In a proceeding in equity by owners of property included in a plan of lots, against the owner of other lots included in the same plan, all subject to a common restriction that “Not more than one dwelling house shall be erected or maintained on each forty (40) feet of land,” to restrain an alleged violation of the restriction, the bill is properly dismissed where it appears that the houses which the defendant proposed to .build were so called, duplex houses, each designed for the occupancy of two families, under one roof, so arranged as to furnish each family with a complete and independent set of apartments.</p> <p>Johnson v. Jones, 244 Pa. 386, followed..</p>