Mendrop v. Harrell

This case involves an affirmative covenant running with the land, to pay the cost of paving an adjacent street in a subdivision, and questions concerning the extent of that covenant, the existence of a lien upon the property conveyed, and its effect upon a subsequent mortgagee with constructive notice.

I

Appellants, Mr. and Mrs. Robert E. Mendrop and Mr. and Mrs. Wallace M. Gay (referred to as Mendrop and Gay), brought suit in the Chancery Court of Warren County to enforce a lien resulting from an affirmative covenant running with the land, against two lots in a subdivision.

Defendant-appellees,…