EBERT v. MUSSETT

No. 47,063

214 Kan. 62 (1974)

519 P.2d 687

JOHN W. EBERT, EARLENE EBERT, HAROLD F. WILEY, RUBY WILEY, RAYMOND TAYLOR, CORRINE TAYLOR, HOWARD S. BEAMAN and MARJORIE BEAMAN, Appellants, v. GLEN MUSSETT and LINDA MUSSETT; ALFRED K. MUSSETT, BESSIE MUSSETT, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1974.


Attorney(s) appearing for the Case

Tom Boone, of Leavenworth, argued the cause and was on the brief for the appellants.

Robert E. Davis, of Leavenworth, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

OWSLEY, J.:

Plaintiffs seek a mandatory injunction restraining defendants from completing and occupying a building and ordering them to remove the building from certain lots in Petherbridge Subdivision in Leavenworth County, Kansas, claiming violation of restrictive covenants. The trial court sustained defendants' motion for summary judgment and plaintiffs appeal.

Plaintiffs allege in their petition they are...

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