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SMITH v. MITCHELL

No. 127.

269 S.E.2d 608 (1980)

301 N.C. 58

W. Osmond SMITH, III v. Jack MITCHELL and wife, Laura Mitchell, and Thomas G. Barber and wife, Sandra M. Barber.

Supreme Court of North Carolina.

August 15, 1980.

Attorney(s) appearing for the Case

W. Osmond Smith III, Yanceyville, pro se, and Ramsey, Hubbard & Galloway by Mark Galloway, Roxboro, for plaintiff-appellant.

Latham, Wood & Balog by B. F. Wood and Steve A. Balog, Graham, for defendants-appellees.

CARLTON, Justice.

I.

The record reveals that in 1967 W. O. Smith, Jr., and his wife Roberta K. Smith placed certain restrictive covenants expressly running with the land on a plat of real property they owned in Caswell County. In addition to the usual covenants limiting development on the plat to residential dwellings of a certain size and environmental soundness, the Smiths' duly recorded restrictive covenants...

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