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AUSTIN v. DURBIN

No. 1-173A8.

310 N.E.2d 893 (1974)

Barrett E. AUSTIN, II, Appellant (Defendant below), v. Herbert C. DURBIN et al., Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

May 16, 1974.

Attorney(s) appearing for the Case

Naville, Crumbo & Leist, Herbert F. Naville, New Albany, for appellant.

Robert A. Kelso, New Albany, for appellees.

LYBROOK, Judge.

Defendant-appellant Austin appeals from a judgment permanently enjoining him from constructing a roadway over a lot which he purchased in a restricted subdivision.

Austin presents four alleged errors for review:

(1) Whether the trial court erred in granting an injunction which purportedly exceeded the prayer for relief. (2) Whether the trial court erred in failing to find that plaintiffs-appellees Durbin et al., were estopped...

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