Davis v. Miller

Head, Justice.

W. C. Miller, Jr., and others, filed a petition to enjoin W. L. G. Davis from constructing a filling station on described property. Upon hearing, an interlocutory injunction was granted, and the exception is to that judgment.

The material facts pertaining to the controlling question in the present case are without dispute. The predecessor in title of the plaintiffs and the defendant developed Whispering Pines Subdivision, and had recorded in the office of the clerk of the superior court certain restrictions upon the development and use of the lots contained therein. In the…