JULIAN v. LAWTON

No. 753.

82 S.E.2d 210 (1954)

240 N.C. 436

JULIAN et ux. v. LAWTON et al.

Supreme Court of North Carolina.

June 4, 1954.


Attorney(s) appearing for the Case

William S. Stewart, Emery B. Denny, Jr., Chapel Hill, for plaintiffs.

John T. Manning, Chapel Hill, for defendants.


ERVIN, Justice.

We take it for granted without so deciding for the purpose of this particular case that the covenant in question was valid in law at the time of its insertion in the deed to the plaintiffs' grantors. Since we indulge this assumption, our decision must turn on the construction of the relevant documents.

The law looks with disfavor upon covenants restricting the free use of property. As a consequence, the law declares that nothing can be read...

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