HINES v. HEISLER

81-867.

439 So.2d 4 (1983)

Carol S. HINES, et al. v. Charles C. HEISLER, et al.

Supreme Court of Alabama.

Rehearing Denied September 30, 1983.


Attorney(s) appearing for the Case

John Earle Chason of Chason & Chason, Bay Minette, for appellants.

J. Don Foster and Thack H. Dyson of Foster, Brackin & Bolton, Foley, Charles C. Partin of Stone, Partin, Granade & Crosby, Bay Minette, for appellees Ruth Stone and John Dale, Jr.

David P. Vaughn, Spanish Fort, guardian ad litem on behalf of Jason Mims, a minor, Rachel Mims, a minor and Ashley A. Robinson, a minor.


EMBRY, Justice.

Plaintiffs, appellants herein, filed a bill for declaratory judgment to construe restrictive covenants contained in instruments a part of the chain of title to their lot at Romar Beach in Baldwin County. Based on the pleadings, testimony taken ore tenus, exhibits and briefs of the parties, the trial court entered a declaratory judgment finding that the plaintiffs' anticipated use of the property would violate applicable restrictive covenants...

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