Smith v. Mobil Oil Corporation

RALEIGH BROWN, Justice.

Lloyd C. Smith and wife, Maurine, and Joseph C. Smith doing business as Gordon Oil Company sued Mobil Oil Corporation, A. W. Stell and wife, Ruth. Plaintiffs seek a declaratory judgment declaring that a restrictive covenant on their property does not preclude the property’s use for ingress and egress for a service station complex to be located on unrestricted land, adjacent to but not a part of the restricted tract.

Trial before the court resulted in a judgment declaring the covenant valid and prohibiting the use of the restricted tract for a driveway and water line to…