In Re Higgins

Petitioner seeks his release on habeas corpus on the ground that respondent court acted in excess of its jurisdiction in finding him guilty of contempt of court and imposing a judgment of fine and imprisonment based thereon.

Petitioner was a defendant in a civil action brought in respondent court, in which Marblehead Land Company (the real party in interest) was plaintiff. The action was brought to quiet title, for injunctive relief and for damages arising out of the alleged violation of deed restrictions by the defendant (petitioner). Judgment was rendered in favor of plaintiff and against petitioner. The judgment was entered June 29, 1960, and provided, amongst other things, that petitioner was to remove from the real property described in the complaint a certain converted bus, and he was further enjoined from maintaining the bus on such property. It appears from the record that plaintiffs below had sold the land to one Carl A. Dorsehner, petitioner’s predecessor in interest.

The property was subject to the following covenants, conditions and restrictions: “(1) Said lands shall be used for residential purposes only in detached private, single-family residence dwellings and…