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FRANKLIN v. MOATS

273 S.W.2d 812 (1954)

Herbert FRANKLIN et al., Appellants, v. Paul W. MOATS et al., Appellees.

Court of Appeals of Kentucky.

December 17, 1954.

Attorney(s) appearing for the Case

Kammerer, McPherson & Petrie, Norris McPherson, Louisville, for appellants.

C. Maxwell Brown, Louisville, for appellees.

SIMS, Justice.

Appellants, Herbert Franklin and wife, Marie, own lots 11 and 12 fronting on the east side of Taylor Boulevard in Louisville, as shown by the plat of the Edgehill Subdivision. They acquired these lots subject to certain restrictions, one of which is "lots three through nineteen shall be used for residence purposes only". They brought this action in equity to have this restriction adjudged unenforceable as to their lots, as they allege the purpose for...

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