Jones v. Cook

Darrell Hickman, Justice.

The question to us is the enforceability of a restrictive covenant in a deed which provides that no mobile homes may be placed on the property. Lester Cook, the appellee, placed a mobile home on his tract of land knowing that his deed contained a restriction against mobile homes. The developer who sold the tract to Cook sued to have the mobile home removed. The chancellor held that because the developer had in one instance granted a tract owner an exception to another covenant, the restriction against mobile homes could not be enforced against Cook. We find the…