Smith v. Tygrett

STANLEY, Commissioner.

This is an appeal from a judgment canceling and adjudging to be ineffectual restrictions to the exclusive use for residences contained in conveyances of certain lots of a subdivision or addition to Bowling Green.

The judgment declares and rests upon a more extended opinion and finding of the chancellor “that there has been such a fundamental and substantial change in the character of the neighborhood of plaintiffs’ property due to the municipal development and expansion of business that whatever mutual benefit may have been realized or intended at the time of the…