TROSPER v. SHOEMAKER


227 S.W.2d 176 (1949)

312 Ky. 344

TROSPER v. SHOEMAKER et al.

Court of Appeals of Kentucky.

Rehearing Denied March 21, 1950.


Attorney(s) appearing for the Case

James Sampson, Harlan, Sampson & Sampson, Harlan, for appellant.

Cleon K. Calvert, Pineville, Smith & Shehan, Harlan, for appellees.


KNIGHT, Justice.

This suit was brought by appellant against appellees under Civil Code of Practice, section 639a-1 et seq., to obtain a declaration of rights arising out of a certain restrictive covenant contained in a deed from appellees Shoemaker and wife to appellant Trosper concerning the validity of which a good faith dispute exists. The Chancellor entered judgment construing the covenant in accordance with the contention of appellees, and appellant prosecutes...

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