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TAYLOR v. SMITH

22954.

221 Ga. 55 (1965)

142 S.E.2d 918

TAYLOR et al. v. SMITH et al.

Supreme Court of Georgia.

Decided May 18, 1965.

Attorney(s) appearing for the Case

Maxwell A. Hines, for plaintiffs in error.

Seymour S. Owens, J. Dickie Crosby, contra.

CANDLER, Justice.

E. Mace Smith, Jr., Betty Nelson Smith and George J. Summer filed an equitable suit against James W. Taylor and Eloise V. Taylor. The petition alleges: On May 6, 1947, R. S. Dorminey conveyed to E. W. Spooner a tract of land in Tift County containing 27 acres, more or less. His deed contained the following clause: "This tract of land is conveyed for residential and farming purposes and no business property is to be erected thereon." Spooner subdivided...

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