BIRMINGHAM TRUST NAT. BANK v. MIDFIELD PARK, INC.

SC 1069.

325 So.2d 133 (1976)

BIRMINGHAM TRUST NATIONAL BANK, a corporation v. MIDFIELD PARK, INC.

Supreme Court of Alabama.

January 2, 1976.


Attorney(s) appearing for the Case

Romaine S. Scott, Jr., Birmingham, for appellant.

Stone, Patton & Kierce, Bessemer, for appellee.


MERRILL, Justice.

This appeal is from a judgment in a declaratory judgment proceeding wherein Midfield Park, Inc. (hereinafter Midfield) sought a construction of an agreement between it and Birmingham Trust National Bank (hereinafter BTNB).

The trial court's construction of the agreement resulted in its issuance of an injunction forbidding BTNB from maintaining a curb along the eastern boundary of its property, and BTNB appealed.

The only issue before...

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