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ALLIEGRO v. HOME OWNERS OF EDGEWOOD HILLS

122 A.2d 910 (1956)

Joseph ALLIEGRO and Esa Alliegro, his wife, Plaintiffs, v. HOME OWNERS OF EDGEWOOD HILLS, Incorporated, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

May 23, 1956.

Attorney(s) appearing for the Case

H. Albert Young, Wilmington, for plaintiffs.

Bayard W. Allmond and Thomas W. Knowles, Wilmington, for defendant.

MARVEL, Vice Chancellor.

Plaintiffs are the owners of lots 13 through 19 on White Oak Road in Block J of Edgewood Hills, a residential development in Brandywine Hundred. The section of this development in which plaintiffs' lots are located was conveyed in 1937 to one Samuel Thomison and wife by Brandywine Realty Company subject to certain restrictive covenants governing the use of the land conveyed. Although these restrictions were not set forth in the deed through...

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