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NORTH CAROLINA NAT. BANK v. MORRIS

No. 7926SC462.

262 S.E.2d 674 (1980)

NORTH CAROLINA NATIONAL BANK and Nick J. Miller, Co-Trustees, and Marjorie A. Welling v. T. Richard MORRIS and wife, Eleanor R. Morris, Robert L. Vincent and wife, Alice Marie M. Vincent, George F. Miffleton, III and wife, Carolyn T. Miffleton.

Court of Appeals of North Carolina.

February 19, 1980.

Attorney(s) appearing for the Case

Sanders, London & Welling by Charles M. Welling, Charlotte, for plaintiffs-appellants.

Perry, Patrick, Farmer & Michaux by Richard W. Wilson and James G. Wallace, Charlotte, for defendants-appellees.

HILL, Judge.

Plaintiffs assert that the reservation of a fifteen foot driveway easement along the boundary of the lot sold by defendants Morris and Vincent and their wives to the defendants Miffleton constitutes a subdivision of the lot and violates the restrictive covenants and reservations placed in prior deeds in the chain of title concerning the usage to which the land could be put.

In construing restrictive...

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