Rieger v. Wessel

STEWART, Judge.

This is an action for a declaration of rights wherein plaintiffs, W. Roy Wessel and Estelle W. Vincent, sought in circuit court to have seven lots owned by them freed from the burden of certain restrictive covenants. The chancellor granted the relief prayed for and adjudged there was no imposition of restrictions upon the lots in controversy. This appeal is from that ruling. We shall refer to the parties throughout as “plaintiffs” and “defendants”.

The case was tried on an agreed statement of facts, a summary of which shows that one Lula Swinney West originally owned two…