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GILPIN v. JACOB ELLIS REALTIES, INC.

47 N.J. Super. 26 (1957)

135 A.2d 204

MALUAN P. GILPIN, PLAINTIFF-APPELLANT, v. JACOB ELLIS REALTIES, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, AND PEOPLES BANK AND TRUST COMPANY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, AND ESTHER BURD, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF WALTER BURD, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1957.

Attorney(s) appearing for the Case

Mr. Addison C. Ely argued the cause for plaintiff-appellant (Messrs. Snevily & Ely, attorneys).

Mr. Roswell S. Nichols, Jr., argued the cause for defendant-respondent.

Mr. H. Frank Pettit argued the cause for defendant-appellant Esther Burd, executrix of Walter Burd, deceased.

Before Judges CLAPP, JAYNE and HUGHES.

The opinion of the court was delivered by CLAPP, S.J.A.D.

Plaintiff appeals from a judgment of the Superior Court, Chancery Division, entered on final hearing below, which refused to grant the mandatory injunctive relief she had applied for. She had sought to have the court compel the defendant Jacob Ellis Realties, Inc. (herein called Ellis) to remove portions of a building erected on its premises in violation of a restrictive covenant. Instead the court awarded...

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