BENNETT v. CHARLES CORP.

No. 13586.

226 S.E.2d 559 (1976)

Howard BENNETT and Lillian L. Bennett v. The CHARLES CORPORATION, a corporation, et al.

Supreme Court of Appeals of West Virginia.

July 20, 1976.


Attorney(s) appearing for the Case

J. Ross Hunter, Jr., F. Duane Hill, Charleston, for appellants.

Fred M. Frisk, Jr., Sam D. Lopinsky, Charleston, for appellees.


FLOWERS, Justice.

This appeal from a judgment of the Circuit Court of Kanawha County involves the enforceability of certain restrictions upon the use of a tract of land. The plaintiffs, Howard Bennett and Lillian L. Bennett, owners of a dwelling house within a subdivided tract, sought to enjoin the defendants who are the owners of the remaining lots in the tract from converting those lots into a cemetery and from using...

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