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LONG v. BRANHAM

No. 852.

156 S.E.2d 235 (1967)

271 N.C. 264

Ernest C. LONG and wife, Mary Becker Long, John M. Rigdon and wife, Pauline C. Rigdon, John A. Goree and wife, Billye R. Goree, Allan John Petch and wife, Elsa M. Petch, Jack Guyes Robbins and wife, Catherine M. Robbins, and Paul P. Proud v. Thomas B. BRANHAM.

Supreme Court of North Carolina.

August 25, 1967.

Attorney(s) appearing for the Case

Spears, Spears & Barnes by Marshall T. Spears, Jr., Durham, for plaintiff appellees.

Hofler, Mount & White by Charles W. White and Richard M. Hutson, II, Durham, for defendant appellant.

SHARP, Justice.

The question posed is this: Do the restrictions which provide that no lot in Timbercrest Subdivision "shall be used except for residential purposes" prevent an owner from constructing across a part of his lot within the subdivision a roadway connecting a street in Timbercrest with one in the adjoining subdivision of Oak Hills, which is protected by restrictions substantially similar to those of Timbercrest? "Whether or not the maintenance, use, or...

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