Kennedy v. Henley

Complainants appeal from adverse declaratory decree.

Complainants are a natural person, Frank T. Kennedy, and The First National Bank of Birmingham, a corporation, which sues as trustee under the will of Susie M. Milner, deceased.

The Bank, as trustee aforesaid, owns a parcel of land in Block 6 of Milner Land Company’s 2d Addition to Birmingham described as: W of Lot 25 and E )4 of Lot 24.

Kennedy has entered into a conditional contract with the Bank whereby he agrees to purchase said parcel of land if the Bank is able to remove or nullify any restriction or covenant which would prevent the…