HALE v. MOORE

No. 6910SC124.

167 S.E.2d 12 (1969)

4 N.C. App. 374

Aaron M. HALE and wife, Anna S. Hale v. Effie Mae Morgan MOORE, and husband, Garland Eugene Moore; Nellie Irene Bellamy and husband, Howard B. Bellamy.

Court of Appeals of North Carolina.

April 30, 1969.


Attorney(s) appearing for the Case

Purrington, Joslin, Culbertson & Sedberry by William Joslin, Raleigh, for plaintiff appellants.

Manning, Fulton & Skinner by M. Marshall Happer, III, Raleigh, for defendant appellees.


MORRIS, Judge.

At the outset, we note that the restriction which the defendant, Effie Moore, placed on the lot in question in 1953 was not part of a general plan of development. At the time this restriction was put on the two-acre tract which the plaintiff now holds, the defendant, Effie Moore, was not obligated to restrict the balance of her property in any way upon conveyance.

This restrictive covenant, if not inequitable, is enforceable against the plaintiffs...

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