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DUNLAP v. BEATY

17838

239 S.C. 196 (1961)

122 S.E.2d 9

Caroline Elizabeth Sides DUNLAP, Respondent, v. Anna C. BEATY et al., etc., of whom Anna C. Beaty, W. Moubray Beaty and William C. Beaty are, Appellants.

Supreme Court of South Carolina.

October 2, 1961.

Attorney(s) appearing for the Case

Messrs. Spencer & Spencer, of Rock Hill, for Appellants.

Messrs. Roddey & Sumwalt, of Rock Hill, for Respondent.

Messrs. Spencer & Spencer, of Rock Hill, for Appellants, in Reply.

October 2, 1961.

OXNER, Justice.

Plaintiff, Caroline Elizabeth Sides Dunlap, seeks in this action a declaratory judgment that a covenant prohibiting the use of a certain 3.67-acre tract of land in the City of Rock Hill as a store or for the conduct of mercantile business is no longer in effect and should be annulled. This covenant is contained in a deed executed by defendant Anna C. Beaty to plaintiff on March 6, 1935. Extinguishment of this restriction is...

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