BLISSETT v. RILEY

1911225.

667 So.2d 1335 (1993)

James M. BLISSETT v. Merlene RILEY, et al.

Supreme Court of Alabama.

June 11, 1993.


Attorney(s) appearing for the Case

Thomas D. Motley, Dothan, for appellant.

James S. Lloyd of Lloyd, Bradford, Schreiber & Gray, P.C., Birmingham, for Merlene Riley.

James R. Fuqua of Fuqua & Kominos, Ozark, for Assur. Title of Dothan, Inc.


ADAMS, Justice.

This Court heard this case on oral argument on April 12, 1993. It was concerned mainly with whether the restrictive covenants in this case could be legally considered encumbrances running with the land. Although the trial court originally considered this case on a motion to dismiss, the trial judge considered evidence other than the pleadings; therefore, he treated the motion as one for a summary judgment. The question whether a restrictive covenant...

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