139 N.E.2d 47

ABOOD ET AL., APPELLEES v. WEINGARTEN ET AL., APPELLANTS.

No. 34983Supreme Court of Ohio.
Decided December 19, 1956.

Supreme Court — Dismissal — No debatable constitutional question involved — Real property — Restrictive covenants on lots in subdivision — Imposed by common grantor — Part of uniform plan for development — Enforceable against subsequent grantee with deed not containing restriction — Notice of restriction — Sufficiency — Injunction.

APPEAL from the Court of Appeals for Cuyahoga County.

Messrs. Van Aken, Whiting, Arnold Nash and Mr. Herbert R. Whiting, for appellees.

Messrs. Simmons, Metzner, McNelly, Torbet Vilas, for appellants.

The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.