FORTSON v. LAWRENCE

No. 3586.

254 So.2d 115 (1971)

Dr. Thomas E. FORTSON, Plaintiff-Appellee, v. Percy L. LAWRENCE, Jr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 23, 1971.

Writ Refused January 4, 1972.


Attorney(s) appearing for the Case

Pugh, Buatt, Landry & Pugh, by Lawrence G. Pugh, Jr., Crowley, for defendants-appellants.

Russell T. Tritico, Lake Charles, for plaintiff-appellee.

Before FRUGÉ, SAVOY and MILLER, JJ.


MILLER, Judge.

Plaintiff landowner sued for a declaratory judgment to set aside a restrictive covenant which prohibited commercial buildings on his 10.54 acre tract of land. Defendants are the parties who sold the property to plaintiff with the provision that plaintiff, his heirs and assigns would "* * * construct or erect on the above described property nothing other than a residence or residences * * *."1 The trial court held that the...

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