MACY v. WORMALD


329 S.W.2d 212 (1959)

Henry MACY et al., Appellants, v. Florence WORMALD et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 18, 1959.


Attorney(s) appearing for the Case

Benton, Benton, Luedeke & Rhoads, Newport, for appellants.

Robert B. Halloran, Newport, Sawyer A. Smith, Covington, for appellees.


CLAY, Commissioner.

This suit was brought to enjoin defendant appellees from violating a deed restriction by the erection of an apartment house in a residential subdivision. The Chancellor determined that the proposed building did not violate the restriction.

The lot involved, in Lakeside Park Subdivision, was subject to the following restriction prior to its conveyance to defendant Wormald:

"Said lots shall be used only for residence purposes, and...

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