Williams v. Cone

Brailsford, Justice.

This is an appeal from a judgment of the circuit court declaring that certain lots in a subdivision near the City of Charleston, known as Carolina Terrace, are not burdened with residential restrictions.

The plaintiffs commenced this action for such declaratory relief as to four lots owned by them in block “B” of the subdivision. They named twelve lot owners as defendants and, pursuant to Section 10-205, Code of Laws 1962, made them representative of other such owners as a class. Three of the named defendants joined plaintiffs in seeking a declaration that five lots owned…