Volunteer Security Co., Inc. v. Dowl

We review under Rule 34 interlocutory order denying motion to dismiss and granting temporary restraining order. The latter order was made after testimony was taken.

The record shows that a forty acre plot was sub-divided by Cypress Estates and platted into ten blocks and streets; each block was divided into twenty-four lots.

There were no restrictions indicated by the plat or otherwise by anything in the record showing that the promoters and owners of the sub-division intended a general plan to burden the subdivision with restrictions.

Some of the lots in each nine of the blocks were sold and…