AUERBACHER v. SMITH


19 N.J. Super. 191 (1952)

88 A.2d 262

EMILENE L. AUERBACHER, PLAINTIFF, v. ALAN L. SMITH AND EMELIE B. SMITH, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 17, 1952.


Attorney(s) appearing for the Case

Mr. George H. Rosenstein, attorney for plaintiff.

Messrs. Carey, Schenk & Jardine (Mr. Robert Carey, Jr., appearing), attorneys for defendants.


STEIN, J.S.C.

The plaintiff is the owner of a dwelling in Orange which dwelling adjoins that of the defendants. Both homes consist of one-family houses. Both premises were component parts of a larger tract, measuring about 200 feet by 200. Plainitff's complaint for injunction is founded upon a claim that the premises of defendants at 349 Highland Avenue are subject to a restriction of record.

The restrictions upon which plaintiff relies first appeared in a...

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