Wooten v. Clark

HUGHES, Justice.

Appellants, Greenwood S. Wooten and wife, brought suit against Mrs. Charles S. Clark to enjoin threatened breach of the following restrictive contractual covenant:

“No improvement shall be erected, altered, placed, or be permitted to remain on any residential building plot other than one one-family dwelling not to exceed two and one-half stories in height, together with customary servants quarters and garage * *

Both parties own separate tracts of land subject to such restriction and its validity and enforcibility, as between themselves, is not questioned.

Trial was non jury and…