DANIEL v. MAY

No. 2915.

143 So.2d 536 (1962)

Charles Richard DANIEL and Edna A. Daniel, His Wife, Appellants, v. Howard C. MAY and Florence L. May, His Wife, Appellees.

District Court of Appeal of Florida. Second District.

July 27, 1962.


Attorney(s) appearing for the Case

Gordon F. MacCalla, Winter Haven, and R.B. Huffaker, Bartow, for appellants.

H.C. Crittenden and Paul Ritter, Winter Haven, for appellees.


WILLIS, ROBERT E., Associate Judge.

This is an appeal by defendants from the Summary Final Decree for the plaintiffs granting a Mandatory Injunction requiring defendants to remove that portion of their dwelling which encroaches on a setback line between the parties' lots.

Both parties deraign title from a common grantor who, in 1954, executed and recorded a deed containing a restricted covenant that no building shall be constructed or allowed to remain within...

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