Lowery v. May

On Rehearing.

THOMAS, J.

The covenant given expression in the first instrument and that of date February 2, 1920, was not a covenant running with the land. See Patterson v. A. C. L. R. Co., 202 Ala. 589-591, 81 So. 85; Leek v. Meeks, 199 Ala. 89, 74 So. 31; Jebeles & Colias Conf. Co. v. Brown, 147 Ala. 593, 41 So. 626, 11 Ann. Cas. 525; White v. Harrison, 202 Ala. 623, 81 So. 565; Morris & Morris v. Tuskaloosa Mfg. Co., 83 Ala. 565, 3 So. 689. The insertion of the descriptive words as to area was by way of an attempt to define a subdivision of timbered lands with reference to it being cut over.…