Hemsley v. Hough

Emma G. Hough, hereinafter called plaintiff, commenced this action against Florence L. Hemsley et al. to cancel a rental or lease agreement made with members of the Negro race in a restricted area consisting of one block and to enjoin the violation of the restrictive agreement entered into by a majority of the lot owners and for attorney fees. Trial to the court resulted in a judgment for the plaintiff, and the defendants Florence L. Hemsley and Ernest C. Noffsinger appeal.

The record discloses that the block involved 40 lots; that the restrictive agreement was required to be signed by…