BAGBY v. STEWART'S EX'R


265 S.W.2d 75 (1954)

BAGBY et al. v. STEWART'S EX'R et al.

Court of Appeals of Kentucky.

February 19, 1954.


Attorney(s) appearing for the Case

H. R. Wilhoit, Grayson, for appellants.

Kibbey & Kibbey, Thomas D. Theobald, Jr., Grayson, Howard Van Antwerp, P. H. Vincent, Ashland, for appellees.


DUNCAN, Justice.

The appeal is from that part of a declaratory judgment which invalidates a covenant contained in a deed of January 3, 1942, from appellant, George L. Bagby, to Juliet Powers, restricting the use of property thereby conveyed to residential purposes.

Prior to 1932, appellant, George L. Bagby, was the owner of a large lot situated on the south side of Main Street between Hord and Court Streets in the...

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