FISHBACK v. DOZIER


362 S.W.2d 490 (1962)

Ezza R. FISHBACK et al., Appellants, v. H. L. DOZIER et al., Appellees.

Court of Appeals of Kentucky.

November 30, 1962.


Attorney(s) appearing for the Case

Gess, Mattingly, Saunier & Atchison, Lexington, for appellants.

Marshall A. Dawson, Leonard K. Nave, Versailles, for appellees.


MILLIKEN, Judge.

On the pleadings and exhibits presented and without the taking of proof, the trial court adjudged a restrictive covenant in a deed prohibiting the erection of a gasoline filling station, grocery, garage, etc., on the land conveyed was for the personal benefit of the grantor and did not run with the land. The appellees, plaintiffs below, sought to be relieved of the restriction so that they might convey title in fee simple to the two one-acre lots...

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