Fees v. Williams

THE COURT.

Plaintiff appeals from a judgment in favor of defendants rendered by the trial court on the pleadings in an action to enjoin defendants from violating certain alleged building restrictions. Respondents failed to respond to an order to show cause and have not seen fit to file a brief herein.

The complainant alleges that on October 2'5, 1912, one Hattie B. Waite owned a certain described tract of real property; that on that date said Hattie B. Waite caused this tract to be subdivided into some forty lots, according to a recorded map; that pursuant to a purpose of creating uniform restrictions upon the use and improvement of such tract, Hattie B. Waite and her husband conveyed some of the lots to various purchasers, and, among others, conveyed fifteen lots to the Consolidated Securities Company by deed dated February 5, 1913, and duly recorded in 1914, a copy of which deed is attached to the complaint as an exhibit, and part of which is specifically pleaded; that de

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fendants became the owners of one of these fifteen lots by mesne conveyances, to wit, of lot 15; that plaintiff by mesne conveyances, become the owner of the adjoining lot numbered 14, and which lot is one of the fifteen lots theretofore conveyed to the Consolidated Securities Company; that each of the conveyances by which plaintiff and defendants derived title was subject to the reservations and restrictions found in the deed to the Consolidated Securities Company; that plaintiff and defendants had notice of such reservations and restrictions, and that plaintiff purchased her lot in reliance thereon; that defendants, through their son, have secured a permit to build an apartment house on lot 15, and are building the same in violation of the set-back restrictions found in the deed above referred to; that plaintiff has given defendants both oral and written notice of the fact that the erection of said apartment house is in violation of the restriction; that plaintiff has erected a residence on lot 14, in accordance Avith the restriction and in reliance thereon; that the restrictions mentioned were for the benefit of all the lot oivners in the tract, and part of a general plan; that the erection by defendants of the apartment house in violation of the restriction will partially deprive plaintiff of her view of the street, and the back door of the apartment house will face plaintiff’s front door.