TRAWEEK v. LINCOLN

2060552.

984 So.2d 439 (2007)

Danny L. TRAWEEK v. John K. LINCOLN, Jr., and G. Daniel Kearley.

Court of Civil Appeals of Alabama.

October 26, 2007.


Attorney(s) appearing for the Case

Charles E. Robinson, Jr., and Renay Bertella of The Robinson Law Firm, P.C., Ashville, for appellant.

Alan C. Fuss of Church, Minor, Abbott, Furr & Davis, P.C., Pell City, for appellees.


BRYAN, Judge.

The defendant, Danny L. Traweek, appeals from a judgment entered in favor of the plaintiffs, John K. Lincoln, Jr., and G. Daniel Kearley, in their action to enforce the restrictive covenants that encumber the lots in Funderburg Cove Subdivision ("the subdivision") in St. Clair County. We reverse and remand with instructions.

In 1964, the then owners of the land constituting the subdivision created and recorded restrictive covenants that encumbered...

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