Vernon v. R. J. Reynolds Realty Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Nettles, J., at September Term, 1945, of Forsyth. Affirmed. Civil action for equitable relief against tbe burden of restrictive covenants contained in deeds to property in a residential development, beard on demurrer.
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Appeal by plaintiffs from Nettles, J., at September Term, 1945, of Forsyth. Affirmed. Civil action for equitable relief against tbe burden of restrictive covenants contained in deeds to property in a residential development, beard on demurrer. Eliminating all elaboration tbe complaint alleges: Skyland, a residential section of Winston-Salem, was divided and sold under a uniform sóbeme or plan of development wbicb included a restrictive covenant inserted in all tbe deeds, expressly prohibiting sale or lease to Negroes for a period of 50 years. Plaintiffs and defendants now own all tbe property…
1Opinion of the CourtBarnhill, J.
That covenants reasonably restricting the ownership, use, or occupancy of land, inserted in deeds as a part of a general scheme or plan of development, for the benefit of all owners of property within the development, are valid is conceded. 14 Am. Jur., 616. And plaintiffs do not challenge the validity of a covenant against the sale or lease of property to persons of a certain race or color or restricting its ownership or occupancy to persons of the Caucasian race. Eason v. Buffaloe, 198 N. C., 520, 152 S. E., 496; Grady v. Garland, 67 App. D. C., 73, 89 F. (2d), 817 (Writ of certiorari…
2Cases cited14 opinions
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