Taylor v. Smith

Candler, Justice.

E. Mace Smith, Jr., Betty Nelson Smith and George J. Sumner filed an equitable suit against James W. Taylor and Eloise V. Taylor. The petition alleges: On May 6, 1947, R. S. Dorminey conveyed to E. W. Spooner a tract of land in Tift County containing 27 acres, more or less. His deed contained the following clause: “This tract of land is conveyed for residential and farming purposes and no business property is to be erected thereon." Spooner subdivided the tract in 1948 and caused a plat of it to be recorded in the office of the Clerk of the Superior Court of Tift County.…