TURNER v. CLUTTS

89-543.

565 So.2d 92 (1990)

James Rowe TURNER, et al. v. Wayne B. CLUTTS and Marlis B. Clutts.

Supreme Court of Alabama.

May 4, 1990.


Attorney(s) appearing for the Case

George K. Williams, Huntsville, for appellants.

Wayne B. Clutts and Marlis B. Clutts, pro se.


HOUSTON, Justice.

James Rowe Turner, Ronald G. Vaughn, Ann F. Vaughn, William J. Fiorentino, and Judith Fiorentino appeal from a judgment in favor of Wayne B. Clutts and Marlis B. Clutts declaring that the Cluttses' property is not subject to certain restrictive covenants. We reverse and remand.

The pertinent facts were stipulated: On May 12, 1979, J.T.S. Lands, Inc., sold by auction lots 1 through 13 of the Schrimsher Estates subdivision ("the subdivision...

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