SCHULMAN et al. v. SERRILL


432 Pa. 206 (1968)

Schulman et al., Appellants, v. Serrill.

Supreme Court of Pennsylvania.

October 3, 1968.


Attorney(s) appearing for the Case

John T. Acton, with him Jenkins and Acton, for appellants.

Cassin W. Craig, with him Rosemary M. Flannery, and Wisler, Pearlstine, Talone & Gerber, and Wright, Spencer, Manning & Sagendorph, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE ROBERTS, October 3, 1968:

This is an action instituted by the appellants seeking to declare null and void certain building restrictions which have been in effect since 1904. In that year E. Clarence Miller and his wife, Mary W. Miller conveyed a portion of a larger tract to William H. Millard. The deed contained the following language:

"That no building to be erected upon said premises shall...

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