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Wickwire v. Church

New Jersey Supreme Court


Decided: February 21, 1949.

ARTHUR M. WICKWIRE AND DOROTHY GALE WICKWIRE, HIS WIFE, PLAINTIFFS-RESPONDENTS,
v.
MONA P. CHURCH, DOUGLAS CHURCH AND H. M. CASSELL, DEFENDANTS-APPELLANTS

On appeal from a decree of the former Court of Chancery advised by Vice Chancellor Kays, whose opinion is reported in 142 N.J. Eq. 174.

For affirmance: Chief Justice Vanderbilt and Justices Case, Heher, Wachenfeld, Burling, and Ackerson. For reversal: None.

Per Curiam

[1 NJ Page 385] The appeal is from the provision of the decree adjudging that the use of the summer house on the lands

[1 NJ Page 386]

in question as a dwelling is in violation of the restrictive covenants embodied in the deeds affecting the premises. The issue was correctly decided by the Vice Chancellor; and the decree is accordingly affirmed for the reasons expressed in his opinion.

The complainants have not appealed from the provision of the decree adjudging that the occupancy of the garage as a dwelling is not in contravention of the covenants; and we therefore have not considered that question.

19490221


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