Reed v. Elmore

The question presented for decision is: Do the provisions of the deed from Mrs. Shannon to plaintiff impose mutual restrictive servitudes on the lands then conveyed to plaintiff and retained by Mrs. Shannon, or did the deed merely create mutual personal obligations?

The answer is to be found by ascertaining the intention of grantor and grantee when the sale and purchase was consummated. That must be done by interpreting the language which the parties chose to express that intention. Stephens Company v. Lisk, 240 N.C. 289, 82 S.E. 2d 99; Hine v. Blumenthal, 239 N.C. 537, 80 S.E. 2d 458; Spencer…