EVANS v. ROSENBERG


1 N.J. 590 (1949)

65 A.2d 55

HARRY A. EVANS, COMPLAINANT-RESPONDENT, v. ISADORE ROSENBERG AND ANNA ROSENBERG, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 28, 1949.


Attorney(s) appearing for the Case

Mr. Daniel Bell, Jr. argued the cause for respondent (Mr. John Rauffenbart and Messrs. Kirkman, Mulligan & Harris, solicitors).

Mr. Joseph B. Perskie, argued the cause for appellants (Mr. William M. Snyder and Mr. Charles C. Babcock, attorneys).


The opinion of the court was delivered by CASE, J.

The appeal is from a decree in Chancery commanding the removal of portions of a garage building and restraining defendants henceforth from violating enumerated building restrictions. John Eyre Shaw, the common predecessor in title of the lots involved herein and of other land in the neighborhood, conveyed out by deeds related to a map and containing the following covenants: —

"Under and subject nevertheless...

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