SCOTT et ux. v. OWINGS


223 Pa.Super. 481 (1973)

Scott et ux., Appellants, v. Owings.

Superior Court of Pennsylvania.

March 27, 1973.


Attorney(s) appearing for the Case

Joseph Neff Ewing, Jr., with him Joseph Neff Ewing, for appellants.

Sondra K. Slade, with her Fronefield Crawford, and Crawford & Diamond, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY HOFFMAN, J., March 27, 1973:

Appellants contend that a restriction on the use of land created in 1929 deeds, covering a 53 acre tract of land, should be declared null and void because such changes have occurred in the neighborhood that the restriction is obsolete and no longer of substantial value to the owners seeking enforcement of it. The lower court upheld the restriction and we affirm.

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