MINCH v. SAYMON


96 N.J. Super. 464 (1967)

233 A.2d 385

JOSEPH A. MINCH AND MARIE MINCH, HIS WIFE, PLAINTIFFS, v. CATHERINE E. SAYMON, WIDOW, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 24, 1967.


Attorney(s) appearing for the Case

Mr. Aristo Dallavalle, attorney for plaintiffs.

Messrs. Sauer & Kervick, attorneys for defendants (Mr. James F. Kervick, appearing).


HERBERT, J.S.C.

Plaintiffs have sued for relief against a covenant which by its terms limits the use of their property to a residential site for no more than three families. The property is at 20 Riverside Drive in Cranford and has a frontage of approximately 100 feet on that street. The covenant originated in a deed dated November 4, 1944 from Florine Beardslee to Benjamin H. Saymon and his wife Catherine. It was in the following form:

"And the parties of...

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