Ussery Investments v. Canon & Carpenter, Inc.

OPINION

LEVY, Justice.

Suit was initiated by the owners of lots in the Hill-’n-Dale Subdivision of Walker County to enjoin the appellants from constructing two modular homes in the subdivision. Appellants seek reversal of the trial court’s temporary injunction enjoining them from further construction and ordering them to remove any structures which already had been erected, allegedly in violation of applicable deed restrictions. The restrictive covenants in question were filed of record on May 25, 1972.

The only issue thus raised on this appeal is whether the trial court, under the facts of the…