Sporn v. Overholt

The opinion of the court was delivered by

Wertz J.:

This was an action to construe a restrictive covenant contained in two identical warranty deeds. A brief statement of facts is as follows:

On May 7, 1949, defendants (appellees) made, executed and de livered their general warranty deed to certain lots in the city of Ellinwood, to plaintiffs (appellants), the pertinent part of which reads as follows:

“This Indenture, Made this 7th day of May a. d. 1949 between Isaac Walker Overholt and Lela Mae Overholt, husband and wife ... of the first part, and Woodrow W. Sporn and Waunita G. Sporn, husband…