LAUX v. PHILLIPS


144 A.2d 409 (1958)

Roy J. LAUX and Mary Lu Laux, his wife, Chester E. Smith, Jr., and Ruth W. Smith, his wife, Thomas R. Treadwell and Marcella V. Treadwell, his wife, Carroll C. Woodrow and Janet S. Woodrow, his wife, Edward R. Read and Helen E. Read, his wife, Jackson L. Hayman and Marjorie C. Hayman, his wife, Edward B. Williams and Emma D. Williams, his wife, Russell B. Vaughn and Marie B. Vaughn, his wife, Edward L. Kochuba and Eleanor S. Kochuba, his wife, Robert T. Clunan and W. Jean Clunan, his wife, John S. Engle and Frances C. Engle, his wife, Nickolas N. Bunitsky and Dora Evelyn Bunitsky, his wife, Robert C. Fuhrmeister and Dorothy C. Fuhrmeister, his wife, Thomas W. Mulvey and Ann S. Mulvey, his wife, Plaintiffs, v. Charles PHILLIPS and Ethel Phillips, his wife, Defendants.

Court of Chancery of Delaware, New Castle.

August 19, 1958.


Attorney(s) appearing for the Case

Robert V. Huber, Wilmington, for plaintiffs.

John P. Daley, Wilmington, for defendants.


SEITZ, Chancellor.

All plaintiffs own residential properties in a development known as McDaniel Crest. The defendants, husband and wife, also own a residential property therein. Admittedly the properties owned by the parties are subject to certain deed restrictions which were imposed about 1953.

Plaintiffs brought this action to enjoin defendants from operating a beauty shop, inter alia, in their residential property in violation of governing restrictions...

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