GALBREATH v. MILLER


426 S.W.2d 126 (1968)

A. M. GALBREATH et al., Appellants, v. Walter MILLER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 26, 1968.


Attorney(s) appearing for the Case

Donald D. Harkins, Danville, for appellants.

Pierce Lively, Wesley Gilmer, Jr., Danville, for appellees.


CLAY Commissioner.

In this suit appellants sought to have adjudicated their right to use three tracts of land owned by them near Danville for purposes other than residential. The Chancellor decided the property involved was restricted to such use.

In 1953 William Whitehouse owned approximately 23 acres of unimproved vacant land lying east of Lexington Road. He planned the development of a subdivision and recorded a plat thereof. It showed a 40-foot street...

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