HENDLEY v. OVERSTREET

40969, 40970.

253 Ga. 136 (1984)

318 S.E.2d 54

HENDLEY et al. v. OVERSTREET et al.; and vice versa.

Supreme Court of Georgia.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Gannam & Gnann, J. Hamrick Gnann, Jr., for appellants.

Cecil B. DeLorme, Eugene McCracken, Joseph O. Saseen, for appellees.


CLARKE, Justice.

This appeal concerns the title to and use of two lots in a subdivision known as the Isle of Armstrong. In 1952 R. E. Armstrong, the developer, recorded a plat of survey showing lots, lanes and streets in Chatham county. In 1954 he recorded a "Declaration of Restrictive Covenants" which included the following provision: "13. Lots Numbers Five (5) and Six (6) in said Subdivision have been and are hereby dedicated to the use of a park or recreational...

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