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HUFFMAN v. JOHNSON

No. 99.

72 S.E.2d 236 (1952)

236 N.C. 225

HUFFMAN et al. v. JOHNSON et al.

Supreme Court of North Carolina.

September 24, 1952.

Attorney(s) appearing for the Case

Bernard and Parker, and J. Y. Jordan, Jr., Asheville, for plaintiffs, appellants.

Sam M. Cathey, James S. Howell, and Oscar Stanton, Asheville, for defendants, appellees.

VALENTINE, Justice.

The taproot of plaintiffs' case is nestled in the allegation that defendants have violated the restictive covenants of Lake View Park by converting their residence into and maintaining it as an apartment house. Conceding without deciding that the restrictive covenants of Lake View Park are subsisting and binding upon the defendants, this single question is presented for decision here: Is the evidence in the record, taken as true and liberally construed...

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