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SHEA v. SARGENT

499 S.W.2d 871 (1973)

John J. SHEA, Jr. v. George SARGENT et al.

Supreme Court of Tennessee.

October 1, 1973.

Attorney(s) appearing for the Case

James S. Cox, Memphis, for appellant.

George E. Morrow, S. Shepherd Tate, C.B. Dudley, Jr., Edward P. Russell, Jr., Memphis, for appellees.

OPINION

McCANLESS, Justice.

This case involves the construction of a restrictive covenant between two adjacent landowners in an exclusive residential section of Shelby County. The original twenty-three acre tract of land in question was owned by Mary Eugenia Buxton Whitnel and her husband. They sold nine acres on May 8, 1959, to Walter N. Pharr and his wife. The parties entered into a covenant, the pertinent part of whch is, as follows:

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