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WISCHMEYER v. FINCH

No. 28,958.

231 Ind. 282 (1952)

107 N.E.2d 661

WISCHMEYER, ET AL. v. FINCH, ET AL.

Supreme Court of Indiana.

Rehearing denied November 13, 1952.

Attorney(s) appearing for the Case

Frank Seidensticker, of Indianapolis; Melville E. Watson and Waldo C. Ging, both of Greenfield, for appellants.

Paul Y. Davis and John H. Baldwin, both of Indianapolis and Arthur C. Van Duyn, of Greenfield, for appellees.

BOBBITT, J.

Appellants bring this suit in equity to enjoin the appellees from continuing alleged violations of certain restrictions contained in the plat of Briarwood Amended, being a subdivision of Briarwood, an addition to the city of Indianapolis.

The determination of two questions here presented will decide the material issues involved. (1) Can the owner of all the land in a subdivision, after a plat thereof containing...

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