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TODD v. WHITE

No. 165.

97 S.E.2d 439 (1957)

246 N.C. 59

Charles B. TODD and wife, Jean W. Todd, v. Harvey S. WHITE, and John C. Quickel and wife, Alice M. Quickel, and Alvin E. Witten and wife, Meryl S. Witten, on behalf of themselves and all other residents and property owners in Fairmount Park.

Supreme Court of North Carolina.

April 10, 1957.

Attorney(s) appearing for the Case

Garland & Garland, Gastonia, for plaintiffs, appellants.

L. B. Hollowell and Verne E. Shive, Gastonia, for defendants, appellees.

JOHNSON, Justice.

The Fairmount Park subdivision as shown on the maps contains approximately 125 building lots. All these lots were sold and conveyed by D. B. Hanna and wife, original developers. Each of the deeds contains the following reservation:

"(12). The parties of the first part (D. B. Hanna and wife), their heirs and assigns, shall have the right to change, alter or close up any street or avenue shown upon said map or plat not adjacent to the lot above...

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