Carey

This is an appeal upon the judgment-roll alone from a judgment decreeing that defendants, within a specified time, remove to a point not less than 4 feet from the property line a certain addition to their dwelling-house which encroached upon the land of plaintiff and awarding judgment in favor of plaintiff in the sum of $1,000 in the event that defendants failed to remove said addition within the time allowed.

Plaintiff and defendants were adjoining property owners in San Francisco, their lots being situated in a residential tract known as Ingleside Terraces. These lots were acquired subject to certain restrictions, among which was one providing that no building or structure should “at any time be erected or stand within less than four (4) feet of the northerly exterior side line of any lot”. The addition which defendants caused to be erected not' only came within 4 feet of the northerly exterior side line of their lot, but extended over that line between 1 and 1% inches. The eaves of said addition extended over plaintiff’s property between 1 foot 3y2 inches and 1 foot áy2 inches at a distance of approximately 10 feet from the ground.

The complaint was in three counts. The first…