Kennedy v. Henley

JONES, Justice.

This is an appeal by the complainants below from an adverse declaratory decree. *659Frank T. Kennedy, one of the complainants, contracted with the First National Bank of Birmingham, the other compainant, for the purchase of a lot owned by the Bank, as trustee of the estate of Susie M. Milner, deceased, on the condition that the Bank is able to remove or nullify any restrictive covenant which would prevent Kennedy from building a house thereon. Mr. and Mrs. John C. Henley, III, respondents, own the adjoining property.

In 1915, the properties here in question were part of a tract that…