Ray v. James

David Newbern, Justice.

This appeal is about whether land purchased by the appellees, James and Paula Miller and Scott E. Poynter, from the appellants, O.W. Ray and Neil Ray (the Rays), is burdened by a restriction preventing installation of “zero clearance fireplaces” in homes constructed by the Millers and Mr. Poynter. The Chancellor dismissed the Rays’ claim after hearing their case in chief. We affirm the decision.

The Rays developed a subdivision in phases. The Millers and Mr. Poynter purchased residential lots in phase II of the development. The convenances to them each included a bill of…