SAXON v. JOHNSON

Civ. 2213.

393 So.2d 1007 (1980)

Joe A. SAXON v. Tucker JOHNSON and Audrey Johnson.

Court of Civil Appeals of Alabama.

As Corrected on Denial of Rehearing September 24, 1980.


Attorney(s) appearing for the Case

Richard L. Taylor and J. Sherrill Hancock, Birmingham, for appellant.

Richard W. Bell, Pelham, for appellees.


HOLMES, Judge.

The plaintiffs sued the defendant, claiming damages for waste allegedly committed upon plaintiff's property. Defendant appeals from the denial of his motion for directed verdict. We reverse and remand.

The dispositive issue is whether a restrictive provision in the deed from plaintiffs to the grantors of defendant operated as a condition subsequent or as a personal covenant.

The record reveals the following: On June 25, 1974, the plaintiffs...

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