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Lawskills.com Georgia Caselaw
ELLIS et al. v. CAMPBELL et al.
18975.
DUCKWORTH, Chief Justice.
Injunction. Before Judge Calhoun, presiding. Muscogee Superior Court. February 22, 1955.
Goodrich v. Georgia R. & Bkg. Co., 115 Ga. 340 (41 S. E. 659); Oostanaula Mining Co. v. Miller, 145 Ga. 90 (88 S. E. 562); Sweetman v. Owens, 147 Ga. 436 (94 S. E. 542); Bush v. City of Gainesville, 206 Ga. 182 (56 S. E. 2d 478).
2. That the recorded restriction, to the effect that only one house be erected upon each lot, was here violated by the placing of three houses upon one lot is undisputed. There is, therefore, no issue of fact upon this decisive point authorizing the exercise of discretion as in Tift v. Farmers Bank of Tifton, 210 Ga. 35 (77 S. E. 2d 505).
3. Nor was there laches or failure to act in due time sufficient to deny relief to the petitioner, in that over a period of thirty days three houses, already built, were hauled upon the lot. They can just as easily be hauled off as they were hauled upon the lot, and if that is necessary to stop the unlawful injury of the petitioner, it must be done.
J. Willard Register, Young, Hollis, Fort & Drake, contra.
Max R. McGlamry, Wm. A. Leonard, for plaintiffs in error.
ARGUED JUNE 13, 1955 -- DECIDED JULY 11, 1955.
Saturday May 23 02:54 EDT


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