MILLS v. HTL ENTERPRISES, INC.

No. 7726SC343.

244 S.E.2d 469 (1978)

H. L. MILLS and wife, Catherine C. Mills, Alice W. Frain, L. D. Ussery and wife, Willie Mae Ussery, Stan Olsen and wife, Nancy Olsen, W. A. Rhyne, Steve Sanders and wife, Emily L. Sanders, Ann Pressgraves, Shirley M. McGill, E. L. Grantham and wife, Gertrude D. Grantham, M. L. Smith and wife, Margaret H. Smith, Adrian E. Aman, Ellie G. Funderburke, Roberta Wright, T. R. Todd and wife, Elizabeth Todd, S. M. Villas and wife, Elizabeth Villas, E. R. Holland and wife, Nita G. Holland, Thelma H. Dunn, L. G. McNeil and wife, Lexie E. McNeil, T. W. Riddle and wife, Susan Riddle v. HTL ENTERPRISES, INC., a corporation.

Court of Appeals of North Carolina.

June 6, 1978.


Attorney(s) appearing for the Case

Martin, Howerton, Williams & Richards by Philip F. Howerton, Jr., Charlotte, for plaintiffs-appellants.

Boyle, Alexander & Hord by Robert C. Hord, Jr., Charlotte, for defendant-appellee.


ERWIN, Judge.

The plaintiffs objected and excepted to conclusions of law Numbers 1, 2, 3, 4, 5, and 6, and to the entry of the judgment based thereon, contending that the facts, as found by the Court, do not support the conclusions of law that the restrictions should not be enforced against the defendant. We agree with the plaintiffs, that the restrictive covenants found in plaintiffs' and defendant's chains of title are enforceable inter se by plaintiffs to...

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