REED v. ELMORE

No. 239.

98 S.E.2d 360 (1957)

246 N.C. 221

C. S. REED v. H. H. ELMORE and wife, Bula T. Elmore.

Supreme Court of North Carolina.

May 22, 1957.


Attorney(s) appearing for the Case

Taliaferro, Grier, Parker & Poe, Charlotte, for plaintiff appellee.

Sedberry, Clayton & Sanders, Charlotte, and Gaston, Smith & Gaston, Belmont, for defendants appellants.


RODMAN, Justice.

The question presented for decision is: Do the provisions of the deed from Mrs. Shannon to plaintiff impose mutual restrictive servitudes on the lands then conveyed to plaintiff and retained by Mrs. Shannon, or did the deed merely create mutual personal obligations?

The answer is to be found by ascertaining the intention of grantor and grantee when the sale and purchase was consummated. That must be done by interpreting the language which...

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