McCOWN v. GOTTLIEB

83-1054, 83-1090.

465 So.2d 1120 (1985)

John D. McCOWN v. Carl Robert GOTTLIEB, et al. Carl Robert GOTTLIEB, et al. v. John (Jack) D. McCOWN, et al.

Supreme Court of Alabama.

February 22, 1985.


Attorney(s) appearing for the Case

Samuel M. McMillan of Inge, McMillan & Inge, Mobile, for appellant/cross-appellee.

William W. Watts of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for appellees/cross-appellants.

William M. Cunningham, Jr. of Sintz, Pike, Campbell & Duke, Mobile, for appellee William B. Crane.


SHORES, Justice.

The plaintiffs are, individually, owners of five contiguous lots located along Oakway Drive in Mobile, Alabama. They brought this action to enjoin John D. McCown, also the owner of a lot on Oakway Drive, from subdividing his lot in violation of a deed restriction.

In late 1954 and early 1955, William B. Crane and Phyllis C. Crane sold the six lots now owned by plaintiffs and McCown; five of the lots were sold within a thirteen-day period,...

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