LOWENBURG v. CITY OF SARALAND

84-1186.

489 So.2d 562 (1986)

Anne P. LOWENBURG, et al. v. CITY OF SARALAND.

Supreme Court of Alabama.

May 9, 1986.


Attorney(s) appearing for the Case

Charles R. Butler, Jr. and David A. Boyett, III, of Hamilton, Butler, Riddick, Tarlton & Sullivan, Mobile, for appellants.

Jere Austill, Jr., of Austill, Austill & Austill, Mobile, for appellee.


JONES, Justice.

This appeal by intervenor/Defendant challenges the trial court's judgment dismissing her counterclaim and declaring the City of Saraland to be the fee simple owner of the subject property free and clear of all covenants. The case was submitted below on a stipulation of fact. A summary of that stipulation will suffice for the purpose of our disposition of the issue here presented.

On June 8, 1974, Anne Lowenburg and Jeanne Pake, for a total...

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