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GOODNITE v. GURLEY

No. 784SC421.

251 S.E.2d 908 (1979)

Cleve GOODNITE and wife, Elsie Lee Goodnite, Charlie D. Vann, Gene K. Underwood and wife, Joy Ann W. Underwood, Augusta Joy Warren, Margaret Zilphia Kornegay and Ruth Harvey Nester v. Norward Leamon GURLEY and wife, Bettie Price Gurley.

Court of Appeals of North Carolina.

February 20, 1979.

Attorney(s) appearing for the Case

Chambliss, Paderick, Warrick & Johnson by Joseph B. Chambliss, Clinton, for plaintiffs-appellants.

Dees, Dees, Smith, Powell & Jarrett by John W. Dees, Goldsboro, for defendants-appellees.

ARNOLD, Judge.

By their cross-appeal defendants assign error to the trial court's ruling that a restrictive covenant exists and applies to their land. In 1948 the Wilsons recorded a "contract. . . with all future purchasers of lots in the R. L. Wilson subdivision to place Protectibe [sic] Covenants in all future deeds of convenance [sic]." Among the covenants enumerated in the "contract" was the covenant that the lots "shall be used exclusively for residential purposes...

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