BERRYHILL v. MORGAN

No. 7226SC757.

192 S.E.2d 599 (1972)

16 N.C. App. 584

L. David BERRYHILL, Jr., and wife, Barbara D. Berryhill, et al. v. Olen E. MORGAN and wife, Betty M. Morgan.

Court of Appeals of North Carolina.

November 22, 1972.


Attorney(s) appearing for the Case

Joseph L. Barrier, Charlotte, for plaintiff appellees.

Ervin, Burroughs & Kornfeld by Winfred R. Ervin and John C. MacNeill, Jr., Charlotte, for defendant appellants.


BRITT, Judge.

In our opinion the disposition of this appeal depends on the answer to the question, do the restrictive covenants hereinabove set out forbid the construction of a two-family duplex dwelling on Lot 16 of the Lloyd Campbell property and the rental of said duplex dwelling to tenants for occupancy? We answer in the affirmative.

The broad principles governing construction of restrictive covenants in this jurisdiction appear to be well summarized...

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