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KENNEDY v. HENLEY

SC 593.

309 So.2d 435 (1975)

Frank T. KENNEDY et al., etc. v. John C. HENLEY, III, et al.

Supreme Court of Alabama.

As Modified on Denial of Rehearing March 6, 1975.

Attorney(s) appearing for the Case

Balch, Bingham, Baker, Hawthorne, Williams & Ward and Edward S. Allen, Birmingham, for appellants.

Smyer & White, and Harold H. Goings, Birmingham, for appellees.

JONES, Justice.

This is an appeal by the complainants below from an adverse declaratory decree. Frank T. Kennedy, one of the complainants, contracted with the First National Bank of Birmingham, the other compainant, for the purchase of a lot owned by the Bank, as trustee of the estate of Susie M. Milner, deceased, on the condition that the Bank is able to remove or nullify any restrictive covenant which would prevent Kennedy...

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