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CONCORD CO., INC. v. MATHERLY

[No. 198, September Term, 1957.]

216 Md. 453 (1958)

140 A.2d 900

CONCORD CO., INC. v. MATHERLY ET AL.

Court of Appeals of Maryland.

Decided April 29, 1958.

Attorney(s) appearing for the Case

John B. Garvey, Jr., and Charles H. Reed, Jr., for the appellant as defendant.

Submitted on brief by John Warfield Armiger and Robert J. Dougherty for the appellant as cross-plaintiff.

Leonard H. Lockhart for the appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and MACGILL, J., Associate Judge of the Fifth Judicial Circuit, specially assigned.

PRESCOTT, J., delivered the opinion of the Court.

Concord Company, Inc. (Concord) appeals from a decree of the Circuit Court for Harford County which dismissed its cross-bill and enjoined it from using a parcel of land for any purpose other than "Residential" use as defined in a "Declaration of Restrictions."

In 1955, the owner of a subdivision, "Concord Fields," in Havre de Grace executed and recorded a Declaration of Restrictions,

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