Proctor v. Avondale Heights Co.

Opinion of the Court by

Turner, Commissioner

Eeversing in part and affirming in part.

This is an action by appellee, plaintiff below, under the provisions of the Declaratory Judgments Act, 1922, and was instituted, prosecuted and a judgment entered therein under the circumstances and conditions shown hereafter.

In 1908, or prior thereto, the Gregory Heights Company was organized for the purpose of subdividing into lots a tract of land adjacent to or in the suburbs of'the city of Paducah, and selling lots therein. That company had recorded in the county clerk’s office a plat of this proposed…